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2019 DIGILAW 178 (SC)

Duvvu Raja Sekhar @ Raju v. State Of Andhra Pradesh

2019-01-15

INDIRA BANERJEE, R.BANUMATHI

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ORDER 1. Leave granted. 2. We have heard learned counsel for the parties and perused the impugned judgment and relevant material. 3. Being aggrieved by the judgment of the High Court dated 07.09.2012 in and by which the High Court has modified the conviction from Section 307 IPC to Section 325 IPC and reducing the sentence of imprisonment from five years to two years, the appellants have preferred this appeal. 4. The Trial Court has convicted appellant no. 1 under Section 307 IPC and appellant no. 2 under Section 307 read with 34 IPC and sentenced them to undergo rigorous imprisonment for five years. In appeal, the Sessions Court affirmed the conviction as well as the sentence. In revision before the High Court, the High Court has modified the conviction under Section 307 I.P.C. and reduced the sentence of imprisonment as aforesaid. 5. The parties have filed an affidavit stating that the appellants-accused have entered into compromise with the wife and the two daughters of injured Venkata Ramana (since dead). By the order dated 07.12.2018, we have directed the learned counsel appearing on behalf of the State of Andhra Pradesh to verify the genuineness of the deponents, namely, wife and the daughters of the injured Venkata Ramana. 6. Learned counsel appearing on behalf of the State of Andhra Pradesh has filed a report of the Sub Inspector of Police, Srikakulam Town P.S affirming the genuineness of the deponents and also stating that it has been verified that they have entered into the compromise voluntarily and out of their own violation. Section 320 (4)(b) stipulates that when the person who would otherwise be competent to compound an offence under this Section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court compound the offence. 7. The parties are permitted to enter into compromise. In terms of Section 320(2) read with 320 (4)(b) and Section 320(8) the conviction of the appellants under Section 325 I.P.C. is set aside and the appellants are acquitted. 8. Bail bonds, if any, are ordered to be discharged. 9. The appeal is allowed accordingly.