@JUDGMENTTAG-ORDER
M. Karpagavinayagam, J.@mdashThese petitions have been filed by Ganesan (A1) and Chinna Ganesan (A2), who have chequered history,
seeking for their release.
2. Radhakrishnan, the victim in this case, was working as a Village Post Master. He belongs to Naidu community. All the accused belong to Nadar
community. There was a dispute between these communities with reference to the money dealing. The complaints by both the parties were given to
the police. On 16.4.94, there was a peace committee meeting attended by both community people. Radhakrishnan also attended the said meeting.
3. Next day on 17.4.94, P.W.1 Radhakrishnan along with his wife P.W.3 went to Madurai and left their daughter there and came back to
Arupukkottai in the bus. They got down at the bus stand and walked towards the vegetable market to purchase some vegetables. It was about
5.00 P.M. When both of them crossed Nadar Sivan Koil, the petitioners (A1 and A2) and A3 and A4, who were standing near the said temple,
suddenly, came near the said Radhakrishnan (P.W.1) with aruval and gave indiscriminate cuts all over his body in the middle of the bazaar. P.W.1
Radhakrishnan, on receipt of cut injuries, fell down on the ground in the pool of blood. P.W.3, the unfortunate wife, who saw the gory sight, raised
a hue and cry. The accused persons ran away from the place with the weapons.
4. The victim, who was gasping for life then, was immediately taken to the hospital. He sustained more than 12 injuries all over his body. The case
was registered against the accused persons for the offence u/s 307 I.P.C. P.W.1, victim, was given treatment by various Doctors. Ultimately due
to the best treatment given for 6 months, the victim was saved.
5. The case was tried by the Assistant Sessions Judge. Virudhunagar in S.C. No. 7/95. On 18.12.96, the trial court convicted the accused for the
offences under Sections 324 and 326 I.P.C and sentenced them to undergo R.I. for 2 years with a fine of Rs. 1.000/- each for the offence u/s 326
I.P.C. and to undergo R.I. for 1 year with a fine of Rs. 500/- each for the offence u/s 324 I.P.C.
6. As against the said conviction and sentence, the accused filed an appeal before the Sessions Court, which in turn dismissed the same on
18.11.97.
7. As against the said verdict, the accused filed a revision before this Court in Crl.R.C. No. 984/97. When this matter came up before this Court,
the learned counsel for the petitioners argued on merits. However, when this Court felt that it was a fit case for conviction, he requested this Court
to direct the accused to pay the compensation u/s 357 Cr.P.C. to the victim in lieu of the sentence of imprisonment, as the petitioners were
prepared to pay the said amount.
8. Then, this Court directed the victim P. W. 1 to be present before this Court in order to ascertain the willingness of the victim as to whether he
would agree for getting the compensation in lieu of the imprisonment. Accordingly. P.W.1 Radhakrishnan was present before this Court and on his
being questioned, he agreed to receive compensation.
9. This Court on noticing the various wound scars on various parts of the body of the victim and in view of the fact that the victim lost one eye due
to the attack and some of the fingers on the right hand having been severed and lie was hospitalised for about 6 months for treatment, directed A1
to A4, the petitioners in the Revision, to pay the compensation of Rs. 50.000/- each totalling Rs. 2.00.000/- to be paid to P.W.1, the victim.
10. For this, the counsel for the petitioners agreed to Hence, by order dated 6.8.98, this Court directed that the petitioners should deposit the said
amount in the trial court on or before 6.11.98 which in turn would hand over the said sum as compensation to P.W.1 in default of deposit of the
said amount, the petitioners should undergo imprisonment for 3 years each.
11. Though three months'' time was given, as requested by the learned counsel for the petitioners, they had not paid the amount in time (i.e.,) on or
before 6.11.98. However, after the said period was over, A3 Krishnan Nadar and A4 Alagarsamy filed a petition in Crl.M.P. No. 9726/98
before this Court seeking for extension of time upto 30.11.98. Accordingly, this Court extended the time by order dated 18.11.98.
12. It is noticed that subsequently A3 and A4 have complied with the order by depositing the amount into the trial court, which also in turn handed
over the said sum of Rs. 1,00,000/- to P.W.1. But, however, the petitioners (A1 and A2) did not comply with the order nor chose to file any
application before this Court for extension of time. Hence the trial court issued warrant against him.
13. Thereafter, Ganesan (A1) was arrested by the police on 15.4.99, in pursuance of the said warrant issued by the trial court to undergo the
remaining sentence. This only made the petitioner Ganesan (A1), who is now in custody, to file a petition before this Court on 28.4.99 in Crl.M.P.
No. 3647/99 seeking for the release stating that he would pay the compensation amount, as ordered by this Court on 6.8.98.
14. The other petitioner, Chinna Ganesan (A2), who neither surrendered nor was arrested, also filed a petition before this Court in Crl.M.P. No.
3648/99 on 28.4.99 seeking for the extension of time for payment of compensation.
15. When this Court pointed out the noncompliance of the earlier order passed by this Court committed by Chinna Ganesan (A2), the petitioner in
Crl.M.P. No. 3648/99 the learned counsel for the petitioners submitted that he would instruct the party to surrender and make submissions in this
petition on a later date. But even thereafter, he did not surrender, in spite of the instruction given by his counsel. In this situation, he was arrested by
the police on 28.6.99.
16. When this matter came up before this Court again on 2.7.99, the counsel for the petitioners came with the amount of Rs. 1,00,000/- to be paid
to P.W.1, who was present before this Court on notice. On being questioned, P.W.1 submitted that he already received Rs. 1,00,000/- which
was earlier deposited by the other accused persons before the trial court and that he was prepared to receive the balance amount, namely, Rs.
1,00,000/-, since it would be useful for him to discharge the debts incurred by him as medical expenses and that he would not be interested in
sending them to jail, as he felt that the accused were sufficiently punished and they realised their mistake.
17. In view of the above statement, the balance amount of Rs. 1,00,000/- was directed to be handed over to P.W.1 on 2.7.99 who in turn gave a
receipt which was placed on record.
18. Mr. R. Karthikeyan, the learned Government Advocate, would also state that now the situation is peaceful in the area and there is no further
communal clash in the area.
19. However, having regard to the fact that the said compensation amount was not paid in time and that the petitioners were absconding for a long
time, this Court on 2.7.99 passed an order imposing costs on them by directing them to pay Rs. 10,000/- to the President of the Bar Association,
Madras, who in turn would send the amount for the Kargil War Fund.
20. Accordingly, on 9.7.99, after payment of the said sum, the counsel for the petitioners has filed a memo, along with the receipt issued by the
Madras Bar Association, before this Court stating that the costs amount was paid to the Bar Association to be sent to Kargil War Fund, in
compliance with the order passed by this Court.
21. Under these circumstances, I shall now decide whether I could modify the original order passed by me on 6.8.98 stating that in default of
payment of compensation on or before 6.11.98, the accused persons shall undergo the sentence of R.I. for 3 years.
22. It is quite easier for me to dismiss these petitions on a technical reason that the earlier order passed by this Court on 6.8.98 is a final order and
that cannot be modified u/s 482 Cr.P.C. But, it is to be noticed that when similar petition had been filed earlier by the other accused persons (A3
and A4) in Crl.M.P. No. 9726/98 seeking extention of time for payment of compensation, even though the period was over, this Court after
hearing the Government Advocate, extended the time. Virtually, the original order has been modified to certain extent by the order dated
18.11.98, even though the original order dated 6.8.98 was not complied with in time.
23. Now in these petitions also, modification has been sought for permission to deposit the amount and consequential release. As already
indicated, they were permitted and the amount was also handed over to the victim (P.W.1) in this Court on 2.7.99. The counsel for the petitioners
has filed a Memo dated 9.7.99 which reads as follows:
Now the communities who participated in the clash have compromised among each other and the situation there at Aruppukottai is normal.
Further it is submitted after taking instructions from the clients that there will not be future clashes among both the communities, and that these
petitioners will not indulge in any other communal clashes in future.
24. Under this peculiar situation, accepting the request for the petitioners through their counsel and releasing the petitioners, in my view, would
certainly secure the ends of justice. As stated earlier, P.W. 1 himself would state that he is not now interested in getting the accused punished as
they realised their mistake. This gesture is quite appreciable.
25. Mr. Karthikeyan, the learned Government Advocate, would also submit that in the interest of both the communities, the release of the
petitioners would ensure the cordiality among both the groups.
26. Under these circumstances, this Court, to secure the ends of justice, as contemplated u/s 482 Cr.P.C, direct the release of the petitioners, who
have not only compensated by making payment of money to the victim P. W. 1, but also contributed substantial amount to the Kargil War Fund to
help the fighting warriors against Pakistan intruders.
27. Before parting with this case, it may not be out of place to mention that the victim P.W. 1 was brutally attacked in day light in the middle of the
bazaar at Aruppukottai on 17.4.94 at about 5.00 P.M. when he went to the vegetable market, by the accused persons belonging to Nadar
community on the only ground that P.W.1 belongs to Naidu community, that too, just opposite to the Nadar Sivan Koil. It is a very serious
incident, which would certainly reflect the density of the hostility between the two communities residing in the Virudhunagar District.
28. The nature of the injuries, as seen from the records, would show that the accused persons gave indiscriminate cuts on all over the body of the
victim like cutting the vegetables. But, this sin, in a way, has been expatiated not only by paying the compensation to the victim P.W.1, but also by
making payment to the Kargil War Fund. Ultimately, the fight between the Nadar community and the Naidu community has come to an end.
29. This reminds me the famous poem by Bharathidasan which is as under:
30. In the result, both these petitions are allowed and the petitioners are directed to be released forthwith.
