IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 198 of 2003(B) ----------------------------- CRA.149/1996 of SESSIONS COURT, THALASSERY CC.758/1993 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONERS/APPELLANTS/ACCUSED NO.1 TO 8 & 10 TO 13: --------------------------------------------------------------------------------------------------- 1. U.PUSHPAN @ PUSHPARAJAN, S/O.RAGHAVAN, 30 YEARS, KOTTAPURATH HOUSE, THAYYIL, KANNUR. 2. P.JAYAN, S/O. RAGHAVAN, 30 YEARS, FISHING, THAYATH HOUSE, THAYYIL, KANNUR. 3. P.BALAN @ ASARY BALAN, S/O.PARAMESWARAN, 27 YEARS, FURNITURE WORK, P.B.S. FURNITURE WORKS, MYTHANAPPALLY. 4. E.SYRAJ, S/O. MOIDU, 27 YEARS, VETTILAPPALLY VAYAL, KANNUR. 5. P.DEVAN @ DEVADASAN, S/O. RAMAN, 42 YEARS, ATTENDER, CO-OP.BANK, KANNUR, MYTHANAPPALLY, KANNUR. 6. V.DINESHKUMAR @ DINESH, S/O. MAMAN, 29 YEARS, MUNICIPAL COLONY, ROOM NO.40, MYTHANAPPALLY, KANNUR. 7. V.SUNIL KUMAR, S/O. MAMAN, AGED 34 YEARS, MUNICIPAL COLONY, NO.40, MYTHANAPPALLY, KANNUR. 8. P.V.SHANMUGHAN, S/O. KUNHIRAMAN, 29 YEARS, MUNICIPAL COLONY, ROOM NO.35, KANNUR. 9. E.P.SANTHOSH @ FRANCIS, 23 YEARS, TAILOR, MUNICIPAL COLONY, THAYYIL, KANNUR. 10. T.DINESH BABU @ GIREESH BABU, S/O. KRISHNAN, 34 YEARS, BEEDI ROLLER, VETTILAPPALLY, KANNUR. 11. C.NARAYANAN, S/O. GOPALAN, 37 YEARS, MYTHANAPPALLY, KANNUR. 12. M.HAMEED, S/O. ABDULLA KUNHI, 43 YEARS, MAHALIL HOUSE, KANNUR CITY. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.P.M.RAFIQ RESPONDENT/RESPONDENT/COMPLAINANT: ---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. = = = = = = = = = = = = = == = = Crl.R.P. No.198 of 2003 = = = = = = = = = = = = = = = = = Dated this the 30 th day of November, 2010 O R D E R The revision petitioners 12 in number, who were the accused in C.C.No.758/1993 on the file of the J.F.C.M-II, Kannur, stand concurrently convicted for offences punishable under Sections 143,147 and 427 read with 149 IPC. They challenge the conviction entered and the sentence passed against them. The offence punishable under Section 427 IPC alone is compoundable. 2. Pending this revision the 2nd respondent/de facto complainant has compounded the offence punishable under Section 427 IPC with the revision petitioners and a joint petition has been filed as Crl.M.A.No.10976 of 2010 for permission to record the composition. The permission is granted and the composition of the offences punishable under Section 427 IPC is recorded. It will have the effect of acquittal of the revision petitioners of the offence punishable under Section 427 IPC in view of Section 320(8) Cr.P.C. 3. What now survives for consideration is the conviction entered and the sentence passed against the revision petitioners Crl.R..P. No. 198/2003 -:2:- for the offences punishable under Sections 143,147 and 149 IPC. According to the prosecution, the unlawful assembly was formed for the purpose of committing mischief punishable under Section 427 IPC. Since the offence punishable under Section 427 IPC has been compounded, the so called unlawful assembly cannot have any legs to stand on. If so, the conviction and sentence for the offences punishable under Section 143,147 and 149 IPC are not sustainable. The conviction entered and the sentence passed against revision petitioners for those offences are accordingly dislodged and the revision petitioners will stand acquitted of those offences as well. This revision is disposed of as above. Dated this the 30 th day of November, 2010. V. RAMKUMAR, JUDGE. sj