The Madras High Court Bench here has directed two villagers, who were involved in an armed clash with their relatives on account of a quarrel over a local temple festival but subsequently entered into a compromise, to pay a cost of Rs.25,000 to an orphanage for having wasted the time of the High Court as well as the trial court.
Justice S. Vimala disposed of an appeal filed by the villagers challenging a 10-year sentence imposed on them by a Sessions Court. The judge pointed out that though a group led by the appellants Gopi and Veerakumar of Pattukottai in Thanjavur district and another led by their relatives had been involved in the clash on May 13, 2010, the police had chosen to register a case under Sections 307 (attempt to murder) and 342 (wrongful confinement) of Indian Penal Code only against the appellants. Though the complainant party and the accused entered into a compromise, the presiding officer refused to accept it since Section 307 was a non-compoundable offence. Ms. Justice Vimala held that the charge of attempt to murder was not made out at all.
Referring to the injuries sustained by the injured on their right hand and elbow, she said that it was certainly not a case to be booked under Section 307. Though the appellants were accused of stating that they would not rest until they killed the injured, the judge said: “In common parlance, that is the language used by the village people but without really attaching any meaning to it.”
Finally, she accepted the compromise and set aside the conviction as well as the sentence imposed on the two appellants.
