IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Crl.Rev.Pet.No. 1175 of 2002() ------------------------------ CRA.9/2000 of SESSIONS COURT, KOLLAM CC.92/1994 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- KHIDALDANI @ VIVALDANI S/O. RUDRAN, MAKKEDATHU VEEDU, SRAIKKAD THURA, ALAPPAD VILLAGE. BY ADV. SRI.T.R.ASWAS RESPONDENT(S): RESPONDENT/COMPLAINANT: -------------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, OACHIRA. BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1175 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009 ORDER Revision petitioner is the accused in C.C.No.92/1994 of Judicial First Class Magistrate Court, Karunagapally and appellant in Crl.Appeal No.9/2000 of Sessions Court, Kollam. He was convicted under Section 324 of IPC by the trial court for having voluntarily caused hurt to PW4, defacto complainant on 31-12-1993 at about 8 p.m. and sentenced to undergo simple imprisonment for six months and to pay compensation of Rs. 5,000/- to PW4 as provided under Section 357(3) Cr.P.C. On appeal by the accused, the conviction against the revision petitioner was confirmed, but sentence is modified to the effect that he is sentenced to pay a fine of Rs. 5,000/-, in default, to undergo simple imprisonment for two months. When the revision petition came up for hearing today, the accused and the legal heirs of deceased PW4 filed a petition seeking permission to compound the offence which was allowed by me and the Crl.R.P.No.1175/02 2 accused is permitted to compound the offence. As the offence is compounded, this revision petition is allowed. The conviction of the revision petitioner by the trial court which is confirmed in appeal and the sentence imposed against him by the trial court which is modified by the appellate court are set aside. The accused is acquitted under Section 320 Cr.P.C.. The fine amount deposited by the revision petitioner before the trial court shall be refunded to him. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1175/02 2