The State Of A.P., v. Kukkala Kanakachalam

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CRIMINAL APPEAL NO. 269 OF 2014 ORDER:

This appeal has been preferred by the State against the judgment rendered on 23.08.2011 in C.C.No.92 of 2008 by the learned Judicial Magistrate of I Class at Palakollu, holding that, Accused No.A1 to A-6 are found not guilty for the offences punishable under Sections 147, 148, 447, 326 & 324 read with 149 of IPC. Today, the defacto complainant/injured person No.1 and the injured person No.3 are present in the Court. The Accused A-1 to A-6 are also present in the Court. The injured person No.3 Smt. K. Seetha Mahalaxmi is all grace when she makes a statement at the Bar that she wants to forgive the respondents/accused and that she is no longer interested in the above criminal case.

Learned counsel for the accused would also submits that with the intervention of the elders of the community and well-wishers of both the sides, whatever the differences and disputes that were persisting between both sides earlier have been advised to be amicably settled and accordingly they were settled. Therefore, I, consider that the ends of justice would be adequately met by compounding the offences for which the accused A1 to A-6 have been charged, excepting the offence under Section 326 I.P.C. Since the accused were already acquitted of the Section 326, the request for compounding the offences should not come in its way. Accordingly, the accused A-1 to A-6 shall be entitled to have the benefit of Subsection 8 of Section 320 Cr.P.C. The criminal appeal stands dismissed.

Consequently, miscellaneous applications, pending if any, shall also stand dismissed.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 26.06.2015 sp