IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.Rev.Pet.No. 3506 of 2009() ----------------------------------------- CRA.719/2008 of ADDL. SESSIONS COURT (ADHOC), FAST TRACK -1,THRISSUR CC.589/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... REVN. PETITIONER: APPELLANT/2ND ACCUSED ------------------------------------------------------------------- SHAFEEQUE, S/O. ABOOBACKER, PAZHUNAMPARAMBIL HOUSE, THEKKE PUNNAYOOR DESOM, PUNNAYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl.R2 : SUHARA, W/O. AMMUNNI, AGED 49 YEARS, CHUIILYIL HOUSE, P.O. PUNNAYOOR, THRISSUR. ADV. SRI.SANTHEEP ANKARATH FOR R2 R1 BY P.P. SRI C.M. KAMMAPPU. (ADDL.R2 IMPLEADED AS PER ORDER DATED 1.6.2010 IN CRL.M.A.NO.3780/2010) THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 3506 of 2009 ---------------------------------------- Dated Ist Day of June, 2010 ORDER The 2nd accused in C.C.No.589/2002 on the file of the Judicial First class Magistrate court, Kunnamkulam and the appellant in Crl.A.No.719/2008 on the file of the Addl.District and Sessions Judge, Fast Track Court No.1, Thrissur, is the revision petitioner and he challenges his conviction and sentence for the offences under section 447, 427,& 294(b) read with S.34 o IPC. 2. Today, by a separate order in Crl.M.A. No.3781/2010, the contesting parties are allowed to compound the offences and accordingly, the composition of the offences is recorded. 3. In the light of the fact that the Addl. 2nd respondent/de facto complainant and the revision petitioner/2nd accused have compounded the offences, I am of the view that this Crl.R.P can be allowed acquitting the revision petitioner/2nd accused as the composition of -:2:- the offences will amount to acquittal by virtue of Section 320(8) Cr.P.C. In the result, this Crl.R.P is allowed setting aside the judgment dated 19.8.2005 in C.C.No.589/2002 of the Judicial first Class Magistrate court, Kunnamkulam and the judgment dated 7.10.2009 in Crl.A.No.719/2008 of the Court of Addl. District & Sessions Judge, Fast Track No.1, Thrissur, acquitting the revision petitioner/2nd accused of all the charges levelled against him. Accordingly he is set at liberty. The Crl.R.P is allowed V.K.MOHANAN, JUDGE kvm/- -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..