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2000 DIGILAW 339 (AP)

ATIKE DORABABU v. State Of A. P.

2000-04-27

K.B.SIDDAPPA

body2000
K. B. SIDDAPPA, J. ( 1 ) THE criminal revision case is filed by the accused against the judgment and the sentences passed in crl. A No. 179 of 1996. ( 2 ) IN the revision, Crl. MP No. 2382 of 2000 is filed by the PWs. 1 to 6 praying this Court to permit them to compound the offences with the accused. PWs. l to 6 and the accused are present today before this Court. They are identified by their respective Counsel. They stated that they have compromised in the mater for the offences under Sections 354 and 324 IPC and they are now living amicably. ( 3 ) THE learned Counsel appearing for the accused relied upon a judgment of the supreme Court in Rajinder Singh v. The state (Delhi Admn.) AIR 1980 SC 1200 , wherein the Supreme Court permitted the parties to compound in respect of compoundable offences and in respect of non-compoundable offences it confined. the sentence of imprisonment to the period already undergone. ( 4 ) IN view of the submission and in view of the judgment of the Supreme court cited above, the offences under sections 354 and 324 IPC are compounded. Accordingly, the accused are acquitted of the offences under Sections 354 and 324 ipc. ( 5 ) THE lower Courts convicted A1 for the offence under Section 452 IPC and A1 to A6 for the offence under Section 148 ipc. These offences are not compoundable. However, in view of the developments in the matter and also in view of the fact that the accused have undergone imprisonment for one month during the trial, while upholding the conviction of A1 for the offence under Section 452 IPC and the conviction of Al to A6 for the offence under Section 148 IPC. , I confine the sentence of imprisonment to the period already undergone by them. However the fines are confirmed. ( 6 ) THE lower Courts also convicted the accused under Section 149 IPC simplicitor. This does not stand and therefore the conviction under Section 149 ipc is set aside. ( 7 ) THE Fine amounts paid by the accused for the offences under Sections 354, 324 and 149 IPC shall be returned to the respective accused forthwith. ( 8 ) THE criminal revision case is accordingly disposed of.