ASI BALAYYA Vs. STATE OF A P

JUDGEMENT

(1.) The revision petition is filed under Section 397 and 401 Code of Criminal Procedure against common judgment made in Crl. A. Nos. 91 and 94 of 1999 dated 7.12.2004 on the file of the Court of II Additional District and Sessions Judge (Fast Track Court), Srikakulam confirming conviction and sentence imposed in Sessions Case No. 116 of 1994 dated 7.7.1999 on the file of Assistant Sessions Judge, Sompeta, Srikakulam district.

(2.) The second Respondent in the case gave report to Itchapuram Police Station, Srikakulam district basing upon which, the case was registered in Cr. No. 47 of 1992 for the offences punishable under Sections 148, 326, 324 and 307 Indian Penal Code against the revision Petitioners (A1 to A6) and they were tried accordingly before the Assistant Sessions Judge, Sompeta and were found guilty of committing the offences punishable under Sections 148, 324 and 326 Indian Penal Code and accordingly they were convicted under Section 235(2) Code of Criminal Procedure and sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 148 Indian Penal Code and further A1 to A4 were sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/-and in default of payment of the fine amount, to suffer simple imprisonment for a period of three months for the offence punishable under Section 326 Indian Penal Code and further A2, A5 and A6 were sentenced to suffer rigorous imprisonment for a period of one year for the offence punishable under Section 324 Indian Penal Code each while acquitting them of the charge punishable under Section 307 Indian Penal Code, whereas consequently, they preferred the Crl. A. Nos. 91 and 94 of 1999 on the file of the II Additional District Sessions Judge (Fast Track Court), Srikakulam which were dismissed confirming the convictions and sentences imposed by the trial Court and being aggrieved by that, Crl. R.C. No. 2030 of 2004 was filed, which was also dismissed by order dated 28.1.2010 and being aggrieved by the same, the revision Petitioners filed Special Leave Petition, which was also dismissed by the Hon'ble Supreme Court on 25.10.2010. Now the revision Petitioners have filed the present Crl. R.C. M.P. No. 1835 of 2011 under Section 482 read with Section 320 Code of Criminal Procedure to review the matter and to free the revision Petitioners by way of compounding the offences.

(3.) It is the claim of the revision Petitioners that all of them and the second Respondent are the residents of same village and in order to have cordial relations between them, elders of the village came forward and advised them to settle the matter for the purpose of maintaining peace between them and to end their disputes and accordingly they entered into a compromise to compound the offences and further this Court has got authority to review the matter even subsequent to the dismissal of Special Leave Petition before the Hon'ble Supreme Court by virtue of Order 47 Rule 1 Code of Civil Procedure and it is also contended that Section 326 Indian Penal Code is compoundable subject to obtaining necessary permission from the Court.