Annadurai @ Chandrasekaran Vs State Rep by

PRAYER Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to call for the records made in S.C.No.109 of 2017 judgment dated 31.10.2023 on the file of First Additional District Session Court, Cuddalore and set aside the same.

¶16

For Appellant(s): Mr.R.Sankarasubbu For Respondent(s): Mr.S.Raja Kumar, Additional Public Prosecutor

¶17

1 / 4

¶18

https://www.mhc.tn.gov.in/judis

¶19

CRL A No.1282 of 2023

¶20

JUDGMENT

¶21

This Criminal Appeal has been filed challenging the judgment of

¶22

conviction and sentence passed by the learned I Additional District and Session

¶23

Court, Cuddalore, in S.C.No.109 of 2017 dated 31.10.2023.

¶24

2. The appellants/Accused in S.C.No.109 of 201 7 was convicted by the Trial Court by judgment dated 31.10.2023 , for the following offence:

¶25

Rank of the accused	Conviction under Sections	Sentence awarded
A1, A2 and A4	147 IPC	To undergo 6 months SI, and to pay a fine of Rs.3,000/- each (id) to undergo 8 weeks SI.
A1, A2 and A4	447 IPC	To undergo 3 months SI
A1	323 IPC	To undergo 6 months SI, and to pay a fine of Rs.1,000/- (id) to undergo 4 weeks SI.

¶26

3. Aggrieved by the same, the appellants have preferred the above

¶27

criminal appeal.

¶28

The case of the prosecution is that, due to previous enmity, on 14.05.2009 at about 4.45 p.m., the appellants had trespassed into the lands belonging to the victim and abused and attacked the de facto complainant and the other victims with hands and thereby committed the aforesaid offences.

¶29

2 / 4

¶30

https://www.mhc.tn.gov.in/judis

¶31

CRL A No.1282 of 2023

¶32

During the pendency of the appeal, the parties entered into a

¶33

compromise. The de facto complainant and the other victims filed an affidavit stating that the issue among themselves has been settled, as they all belong to

¶34

the same village, and that, in order to maintain peace and harmony, the case may be closed.

¶35

6. Mr.Arumugam, the de facto complainant (Aadhar No.4009 7580 5278), Mr.S.Manivannan, victim-1 (Aadhar No.2725 0011 8979), Mr.Sekar Kanthasamy, victim-2 (Aadhar No.5623 9835 0092), Mr.Jayakumar Ramalingam, victim-3 (Aadhar No.5585 2407 9392) are present and confirm the compromise . The Memo of Compromise filed by the parties is taken on record.

¶36

Considering the fact that the appellants and the victims belong to the same village, the nature of the allegations, and the evidence available against the appellants, this Court is inclined to accept the compromise. Accordingly, the Compromise Memo, duly signed by the learned counsel appearing for the appellants, the appellants and the de facto complainant, shall form part and parcel of this order.

¶37

3 / 4

¶38

https://www.mhc.tn.gov.in/judis

¶39

CRL A No.1282 of 2023

¶40

SUNDER MOHAN J.

¶41

Accordingly, this Criminal Appeal stands allowed.

¶42

(i) The conviction of the appellants for the offence under Sections 147,

¶43

447 and 323 of the IPC by the learned I Additional District and Session Court, Cuddalore, vide judgment dated 31.10.2023 made in S.C.No.109 of 2017, is hereby set aside.

¶44