SOUNDARARAJAN AND ORS. Vs. STATE

JUDGEMENT

(1.) When the involvement of five or more persons in the occurrence itself is made doubtful, in a case involving constructive liability, whether it is safe to rely upon the improved version of witnesses that the number of accused participated were five or more.

(2.) Whether the acquittal of some of the accused persons, which would have the effect of reducing the number of accused persons less than five, would take out the case from the purview of Sec. 149 of the Indian Penal Code?

(3.) When the offence ultimately stood proved was not compoundable on the date of judgment and if it remained compoundable on the date of the offence, whether the compounding may be permitted (in respect of the offence under Sec. 324 IPC) after the coming into force of the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005) which was notified on 31.12.2009?