IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.Rev.Pet.No. 339 of 2002() ---------------------------------------- CRA.319/1999 of I ADDL. DISTRICT & SESSIONS COURT, ERNAKULAM SC.80/1995 of PRL. ASSISTANT SESSIONS COURT, KOCHI .................... REVN. PETITIONERS/APPELLANTS/ACCUSED NO.3 AND 4 ------------------------------------------------------------------------------------ 1. MAJEED S/O.HAMZA,KUZHIKANDATHIL VEETIL, THEKKENMALIPURAM KARA,PUTHUVYPU. 2. ZACHARIA, S/O.HAMZA,KUZHIKANDATHIL VEETIL,THEKKENMALIPURAM KARA,PUTHUVYPU. BY ADV. MR.B.RAMAN PILLAI MR.V.E.ABDUL GAFOOR MR.R.ANIL MR.ANIL K.MOHAMMED MR.SUJESH MENON V.B. MR.JOSEPH P.ALEX MR.SHYAM ARAVIND MR.T.ANIL KUMAR RESPONDENT/RESPONDENT ------------------------------------------ STATE OF KERALA (CIRCLE INPSECTOR OF POLICE,NJARAKKAL POLICE STATION,CRIME NO.262/94 OF NJARAKKAL POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.Rev.Pet.No. 339 of 2002 ORDER ON CRL.MP. NO.2426/2002 IN CRRP NO.339/2002 DISMISSED 15/10/2009. SD/- P.Q.BARKATH ALI, JUDGE //TRUE COPY// P.S. TO JUDGE rs. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.339 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 ORDER Revision petitioners are accused No.3 and 4 in Sessions Case No.80/1995 of Principal Assistant Sessions Court, Kochi and appellant in Crl.Appeal No.319/1999 of Additional Sessions Court, Ernakulam. They were convicted under Section 307 read with 34 of IPC and sentenced to undergo rigorous imprisonment for six years each and third accused was further sentenced to pay a fine of Rs. 5,000/-, in default, to undergo simple imprisonment for a further period of six months. No fine was imposed on fourth accused as he was undergoing life imprisonment in another case. On appeal, the appellate court confirmed their conviction and sentence. The accused 3 and 4 have now come up in revision challenging their conviction and sentence. 2. The case of the prosecution as shaped in evidence before the lower court was that on 28-09-1994 at about 7.30 P.M., the revision petitioners along with accused 1 and 2 with the common intention of assaulting the injured persons PW1 to PW5, attempted to kill them by Crl.R.P.No.339/2002 Page numbers beating with iron road and stabbing with knife and cutting with a sickle inflicting them with serious injuries described in Ext.P14 to P18 wound certificates respectively and that thereby committed the offences punishable under Sections 323, 324 and 307 read with Section 34 of IPC. 3. Initially when accused 1, 3 and 4 appeared before the committal court, copies of documents relied on by the prosecution were furnished to them. Second accused died. As the offence under Section 307 of IPC was exclusively triable by the court of Sessions , the case was committed to the Court of Sessions, Ernakulam from where it was made over to the trial court for disposal. PWs 1 to 17 were examined and Exts.P1 to P20 (a) were marked and MOs 1 to 14 were produced on the side of prosecution. When questioned under Section 313 of Cr.P.C., the accused persons denied the incident. Exts.D1 and D2 were marked on their side. On an appreciation of evidence, accused 3 and 4 were convicted under Section 323, 324 , 307 read with Section 34 of IPC and sentenced to undergo rigorous imprisonment for six years each and third accused was further sentenced to pay a fine of Crl.R.P.No.339/2002 Page numbers Rs. 5,000/-, in default, to undergo simple imprisonment for a further period of six months. No fine was imposed on fourth accused as he was undergoing life imprisonment in another case. First accused who was the father of accused 2 to 4 was acquitted. On appeal, the lower appellate court set aside their conviction and sentence and remanded the case to lower court to dispose of the case after giving an opportunity to A3 and A4 to adduce defence evidence. After remand, DW1 and DW2 were examined and Ext.D3 and D4 were marked. On an appreciation of evidence, the lower court again found accused 3 and 4 guilty of the offence alleged against them, convicted them and sentenced them as aforesaid which is confirmed in appeal. Now they have come up in revision challenging their conviction and sentence. 4. When the revision came up for hearing today, first revision petitioner and PW1 to PW4, the injured persons filed Crl.M.A.No.9958/2009 seeking permission to compound the offence which was allowed by me. They also filed Crl.M.A.No.9959/2009 to compound the offence and acquit the first revision petitioner which was allowed by me. Thus the offences alleged against first revision Crl.R.P.No.339/2002 Page numbers petitioner are compounded. 5. There is another aspect. The first revision petitioner was also charged under Section 307 of IPC which is non-compoundable. Therefore invoking Section 482 of Cr.P.C., as the offences against first revision petitioner are compounded, the impugned judgment of both the courts below are set aside with respect to first revision petitioner and he has to be acquitted. In the result, the conviction and sentence of the first revision petitioner by the trial court as well as lower appellate court are set aside and he is acquitted under Section 320 of Cr.P.C. As against second revision petitioner is concerned i.e. fourth accused, the revision petition is dismissed, confirming his conviction and sentence. Their bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.339/2002 Page numbers Crl.R.P.No.339/2002 Page numbers P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.339/2002 Page numbers