IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Crl.Rev.Pet.No. 1690 of 2006 ----------------------------------------- [CRL.A.NO.226/2002, 203/2002 OF THE COURT OF ADDL.SESSIONS JUDGE, (FAST TRACK COURT-III, THIRUVANANTHAPURAM], CC.NO.349/1999 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-V (SPECIAL COURT FOR MARK LIST CASES), THIRUVANANTHAPURAM] .................... REVISION PETITIONERS/APPELLANTS/ACCUSED (A1, A2 & A5 & A6): --------------------------------------------------------------------------------------------------- 1. RENJITH,S/O.VIKRAMAN NAIR, T.C.9/1006, PIPPINMOODU, SASTHAMANGALAM VILLAGE, SASTHAMANGALAM WARD, THIRUVANANTHAPURAM. 2. ANAND, S/O.VIKRAMAN NAIR, T.C.9/1006, PIPPINMOODU, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. 3. BINU,S/O.SASIDHARAN, T.C.10/30(1), KUNNUVILAPUTHEN VEEDU, PIPPINMOODU, KANJIRAMPARA WARD, SASTHAMANGALAM VILLAGE,THIRUVANANTHAPURAM. 4. BIJU KRISHNAN, S/O.BHASKARAN, T.C.10/30(I)EYYAKUNNUVILA VEEDU, KANJIRAMPARA WARD, SASTHAMANGALAM VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP. RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALAM. BY PUBLIC PROSECUTOR SRI. C.M. CHARISMA. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No. 1690 OF 2006 ---------------------------------------- Dated the 24th September, 2010 ORDER In this Crl.R.P., the revision petitioners are accused Nos 1, 2, 5 & 6 in C.C.No.349/1999 of the court of Judicial First class Magistrate Court-V (Special Court for MarkList Cases), Thiruvannathapruam and the appellants in Crl.A.Nos. 203/2002, 226/2002 and 235/2002 and the challenge is against their conviction and sentence recorded by the courts below for the offences under sections 143, 147 and 324 read with Section 149 of IPC. 2. The case of the prosecution is that while the de facto complainant was returning after visiting Doctor Rani Nair at Kumarapuram and at about 11.15 p.m and when he reached near the Milma Booth at Sasthramangalam junction, all the accused came together and restrained him and thereafter the accused attacked him and thereby committed the above offences. On the basis of the above allegation, crime No. 86/99 was registered in the Museum Crl.R.P 1690/2006 -:2:- police station, Thiruvananthapruam for the said offences and after investigation, the police filed a report based upon which the above Calendar Case was instituted and after the trial, the revision petitioners herein were convicted and sentenced. 3. During the pendency of this Crl.Revison Petition, the matter has been settled out of court between the revision petitioners and the injured and accordingly, they have filed Crl.M.A.No.8611/2010 before this Court and by a separate order in the above application, this court has granted permission to the parties to the above petition to compound the offence and the composition of the offences are recorded. 4. In the light of the composition of the offences between the contesting parties and in view of the permission granted by this Court to compound the offence, I am of the view that the revision petitioners are entitled to get an acquittal by virtue of Section 320(8) Cr.P.C. In the result, this Crl.R.P is allowed setting aside the judgment dated 9.7.2002 in C.C.No.349/99 of the Judicial Crl.R.P 1690/2006 -:3:- First Class Magistrate Court-V (Special Court for MarkList Cases), Thiruvananthapuram and judgment dated 18.1.2006 in Crl.A.Nos.203/2002, 226/2002 and 235/2002 of the court of Addl.Sessions Judge (Fast Track Court-III, Thiruvananthapruam and acquitting the revision petitioners of all the charges levelled against them and they are set at liberty. V.K.MOHANAN, JUDGE kvm/-