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.
Disposing of an appeal filed by the villagers challenging a 10-year sentence imposed on them by a Sessions Court, Justice S. Vimala said: “Taken away by emotions and not by reasons, these accused persons seem to have indulged in the occurrence due to sudden and grave provocation. That aspect has not been taken note of by the court below.”
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 as well as the accused entered into a compromise during the course of trial and filed a joint memo before the Sessions Court, the presiding officer refused to accept the memo since Section 307 was a non-compoundable offence.
However, after a careful analysis of the case, 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.”
Conviction set aside
Finally, she accepted the compromise and set aside the conviction as well as the sentence imposed on the two appellants.