THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.589 of 2011 And CRIMINAL REVISION CASE No.2171 of 2005 ORDER: This Criminal Revision Case under Sections 397, 401 and 407 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-A.1 to A.3 challenging the judgment, dated 14.12.2005, passed by the I Additional Sessions Judge, East Godavari at Rajahmundry, in Criminal Appeal No.150 of 2004. Initially, the trial Court found all the accused (A1 to A12) guilty for the charges under Section 323 IPC, A2 and A3 are found guilty for the offence under Section 326 IPC. A1 to A12 are found guilty for the charges under Sections 148, 307 read with 149 IPC and they are convicted under Section 235(2) Cr.P.C. A-4 to A-12 are sentenced to suffer SI for three months each for the charges under Section 323 IPC, A-2 and A-3 are sentenced to suffer SI for two years each for the offence under Section 326 IPC. A-1 to A-12 are sentenced to suffer SI for one month each for the offence under Section 148 IPC, they are also sentenced to suffer SI for three years each and to pay fine of Rs.500/- each, in default, SI for one month each, for the charges under Section 307 read with 149 IPC. The sentence imposed for the charges under Sections 323, 326 and 148 IPC shall run concurrently with the sentenced imposed for charges under Section 307 r/w 149 IPC. Against the said judgment, all the accused preferred appeal. The appellate Court while allowing the appeal partly modified the convictions and sentences as follows: Convictions of A-11 and A-12 for offences under Sections 323, 148 & 307 read with 149 IPC and sentences therefore as recorded by the trial Court are set aside and they are acquitted of these offences but conviction of A-1 to A-10 under Section 307 read with 149 IPC and of A-4 to A-10 under Section 323 IPC is merged with offence under Section 324 read with 149 IPC and the conviction of A-1 to A-10 under Section 148 IPC is altered to Section 147 IPC and the conviction of A- 2 and A-3 for the offence under Section 326 IPC is altered to Section 325 IPC. A-1 is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- for the offence under Section 324 r/w 149 IPC and RI for one year for the offence under Section 147 IPC and the substantive sentences of imprisonment shall run concurrently with set off of pre-trial custody undergone by A-1 for 19 days from 03.06.2000 to 21.06.2000 and he is committed to custody to undergo the remainder of the sentences. A-2 and A-3 are sentenced to undergo RI for one year and to pay a fine of Rs.500/- for the offence under Section 324 r/w 149 IPC and RI for one year on each count of two counts for the offence under Sections 325 and 147 IPC, which shall run concurrently, with set off of pre-trial custody undergone by them for 19 days from 03.06.2000 to 21.06.2000 and they are committed to custody to undergo the remainder of the sentences. A-4 to A-10 are sentenced to undergo RI for seven days and to pay a fine of Rs.500/- each for the offences under Sec.324 r/w 149 IPC and RI for seven days for the offence under Section 147 IPC, which shall run concurrently, with set off of pretrial custody undergone by them. Aggrieved over the same, the present revision is filed by petitioners – appellants 1 to 3 - accused 1 to 3. Heard. Today, when the matter is taken up for hearing, the de facto complainant is present before this Court and reported that at the intervention of the elders and well wishers himself and accused compromised the matter outside the Court and a memorandum of understanding was also entered into by them on 17.02.2011. Thus, he prayed to set aside the conviction and sentence imposed on the petitioners by the Courts below. Crl.M.P.No.589 of 2011 is also filed to that effect. Considering these circumstances, the Crl.M.P.No.589 of 2011 is allowed compounding the offences against A1 to A3 and the Criminal Revision Case is also allowed and the conviction and sentence passed against the petitioners-accused is hereby set aside and the petitioners are acquitted of the charges levelled against them. Affidavit of the de facto complainant filed in support of Crl.M.P.No.589 of 2011 be made as part of this record. Miscellaneous petitions filed in this revision, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO Date: 22.02.2011 Rns