2012 ALL SCR 1280
HARJIT SINGH BEDI AND GYAN SUDHA MISHRA, JJ.
K. K. Sreedharan & Ors. Vs. State Of Kerala & Anr
Criminal Appeal No. 1374 of 2004
21st July, 2011
Petitioner Counsel: Mr. ROY ABRAHAM, Ms. SEEMA JAIN, Mr. VIKAS GARG, Mr. HIMINDER LAL
Respondent Counsel: Mr. G. PRAKASH
Other Counsel: Mr. P. S. SUDHEER, Mr. C. K. SASI
Criminal P.C. (1973), S.320 - Compounding of offence - Appellants convicted under Ss.143, 147, 447, 342 and 427 r.w. S.149 of Penal Code - But for offences u/Ss.143, 147 all other offences are compoundable - In view of fact that parties have compromised their dispute, sentence of appellants reduced to that already undergone. (Para 1)
JUDGMENT :- We have heard Mr. Roy Abraham learned counsel for the appellant as also Mr. P.S. Sudheer, learned counsel for the complainant. The parties have filed a compromise petition in this court under Section 320 of the Code of Criminal Procedure. We, however, find that the complainant has been convicted under Sections 143, 147, 447, 342 and 427 read with Section 149 of the Indian Penal Code and that but for the offences under Sections 143 and 147, all the other offences are compoundable. In the light of the fact that the parties have compromised their dispute we reduce the sentence of the appellants to that already undergone. With this modification in the sentence, the appeal is dismissed. The appellants are on bail. Their bail bonds shall stand discharged.