BASIRASAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the Revision Petition filed against the orders passed in Criminal Appeal No.27/2007 dated 30th August 2013 by the Additional District and Sessions Judge, Haveri in confirming the Judgment of conviction and sentence passed by the Trial Court in C.C. No.293/2004 dated 04.05.2007 in convicting the petitioners herein (accused therein) for the offences punishable under Sections 498 -A and 323 r/w 34 of I.P.C. imposing sentence of imprisonment for six months for the offence under Section 498 -A of I.P.C. and also imposing a fine of Rs.200/ - each for the offence under Section 323 r/w 34 of I.P.C., in default of payment of fine the appellants accused shall undergo further simple imprisonment for 20 days each.

(2.) THOUGH at the time of filing the Revision Petition, several grounds have been urged before this Court, but at the time of submitting the arguments before this Court, the learned Counsel submitted that, during the pendency of the criminal appeal the parties have compromised the matter and the accused No.1 and the complainant by name Haseena Bashirsab Tlilwalli have been residing together as husband and wife. The said Haseena Bashirsab Tilwalli was examined as PW -1 before the Trial Court.

(3.) IT is submitted that during the course of pendency of the appeal the accused No.2 expired. Accused Nos.1, 3 and 4 and PW -1 are present before this Court and filed an application under Section 320 r/w 482 of Cr.P.C. seeking indulgence of this Court to permit the parties to compound the offences and pass appropriate orders in this case. PW -1 wife of accused No.1 is also present before this Court and she has also filed Affidavit before this Court and she is identified by Advocate by name Sri. Girish S. Hiremath. All the parties have admitted before this Court that they have compromised the matter and accused No.1 and PW -1 have been residing together and they are living happily with each other as husband and wife.