H. N. PANDAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present Miscellaneous Application [In short "M.A."] seeking direction for compounding of offence has been filed by the applicant/petitioner in Special Leave Petition (Criminal) No. 895/2024, which was dismissed by this Court vide order dtd. 19/1/2024, thereby upholding the conviction of the applicant/ petitioner under Sec. 326 of the Indian Penal Code, 1860 [IPC]. The applicant/petitioner, H.N. Pandakumar (Accused No. 3 in the original case), seeks relief for compounding the offense based on a compromise reached between the parties after the dismissal of the Special Leave Petition.

(2.) The original complaint was lodged by the respondent/complainant, Puttaraju, in FIR No. 198/2008 at K.R. Pete Rural Police Station, Mandya, alleging that Accused Nos. 1 to 5 had formed an unlawful assembly and assaulted the complainant and his family members, causing grievous injuries. Following an investigation, charges were framed against all the accused under Ss. 143, 341, 504, 323, 324, and 307 read with Sec. 149 the Indian Penal Code, 1860 [IPC]. The Trial Court, vide its judgment dtd. 24/1/2012 in Sessions Case No. 68/2009, convicted Accused Nos. 3 and 4 under Sec. 326 read with Sec. 34 IPC, sentencing them to rigorous imprisonment for two years imposing a fine of Rs.2,000.00 each. The remaining accused were acquitted.

(3.) The petitioner's/applicant's appeal before the High Court of Karnataka, Bengaluru, in Criminal Appeal No. 218/2012, resulted in partial modification of the Trial Court's judgment. Vide its judgment dtd. 1/9/2023, the High Court reduced the petitioner's/applicant's sentence to one year while enhancing the fine amount to Rs.2,00,000.00 (Rupees two lakhs only). Accused No. 4 was acquitted. Aggrieved, the petitioner/applicant approached this Court through the aforementioned Special Leave Petition, which was dismissed on 19/1/2024.