IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 446 of 2006(A) ------------------------------------- CRA.320/2004 of ADDL. SESSIONS COURT, THRISSUR ST.4285/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ----------------------------------------------------- PREMKUMAR, S/O. KRISHNAN, NADUPARAMBIL, ALAKKAL, NATTIKA, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): RESPONDENTS/COMPLAINANTS/STATE: -------------------------------------------------------------------- 1. N.K. KARAPPAN, S/O. KUNJI BHAVA, NAYARUSSERY NATTIKA, CHAVAKKAD, THRISSUR. 2. STATE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.T.A.SHAJI FOR R1 SMT.T.V.NEEMA FOR R1 PUBLIC PROSECUTOR SRI. THOMAS JOHN AMBOOKEN FOR R2. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRIMINAL.R.P. NO. 446 OF 2006 = = = = = = = = = = = = = = = Dated this the 27th day of November, 2008. O R D E R This revision is preferred against the judgment of the Additional Sessions Judge, Thrissur in Crl.A.320/04 by which the learned Sessions Judge had dismissed the appeal. In S.T.4285/01 the revision petitioner was sentenced to undergo simple imprisonment for a period of one month and to pay a compensation of Rs.1.15 lakhs to the complainant and in default to undergo a further imprisonment for three months. By virtue of my order in Crl.M.Appln.11753/08 the matter has been compounded and it is recorded. Therefore it has become necessary to set aside the conviction and sentence passed by the trial court and affirmed by the appellate court. Since it is compounded by virtue of the provisions u/s 320(8)Cr.P.C. compounding of the offence shall have the effect of an acquittal of the accused. The Criminal Revision is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-