IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Crl.Rev.Pet.No. 3805 of 2008() -------------------------------------------- CRA.397/2005 of ADDL. DISTRICT & SESSIONS COURT (ADHOC I), KOZHIKODE ST.63/2001 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED 4 & 5 ------------------------------------ 1. B.MANIAN, S/O.BHOLA SINGH, 12/72, GUJARATHI STREET, KOZHIKODE. 2. K.B.SASEENDHARAN, S/O.K.BABU, 12/72,GUJARATHI STREET, KOZHIKODE. BY ADV. MR.THOMAS ANTONY RESPONDENT(S): RESPONDENTS IN APPEAL/ COMPLAINANT --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.SATHEESH KUMAR & BROS, BIG BAZAAR, KOZHIKODE-REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SOMANATHAN, S/O.MADHAVAN NAIR. V. PRATHEEKSHA VILLA, CHATHAMANGALAM, KOZHIKODE. BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN FOR R1 BY ADV. MR.DEVAPRASANTH.P.J. FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.R.P.NO.3805 OF 2008 ------------------------------ Dated this the 20th day of July, 2009 O R D E R This revision petition is preferred against the order of the Additional Sessions Judge, Fast Track (Adhoc-I), Kozhikode in Crl.A.No.397/2005. By the said judgment, the learned Sessions Judge had convicted accused Nos.4 and 5 to undergo S.I for three months and to pay a compensation of Rs.85,000/=. That appeal was preferred against the conviction and sentence passed by the JFCM-I, Kozhikode in S.T.No.63/2001. The trial judge convicted accused Nos.4 and 5 to undergo S.I for three months each and to pay Rs.85,000/= each as compensation under Section 357(3) of Cr.P.C. Now as the matter is settled between the parties and the compounding is recorded, the conviction and sentence passed by the courts below are bound to be set aside and I set aside the same. Since the compounding is recorded, compounding of the offence shall have the effect of an 2 CRL.R.P.NO.3805/08 acquittal as contemplated under Section 320(8) of the Cr.P.C M.N. KRISHNAN, JUDGE cl 3 CRL.R.P.NO.3805/08