IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 CRL.A.No. 627 of 2003() ----------------------- SC.503/2000 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC – II), KOZHIKODE .................... APPELLANT/ 2ND ACCUSED:- --------------------------------- ASHRAF, S/O.IBRAHIM, VANNATHANTAVIDE HOUSE, CHEKKIAD AMSOM, UMMATHUR DESOM, KOZHIKODE DISTRICT. BY ADV. MR. SUNNY MATHEW RESPONDENT/COMPLAINANT:- ----------------------------------- THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A. NO. 627/2003 ORDER ON CRL. M.P. NO. 3777/2003 IN CRL.A. NO. 627/2003 DISMISSED 13.10.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 627 of 2003 ------------------------------------------------------------ Dated this the 13th day of October, 2009. JUDGMENT The appellant who was the accused in S.C. No. 503 of 2000 on the file of the Additional Sessions Court, Fast Track (Adhoc) -II, Kozhikode, was charge sheeted for offences punishable under Sections 143, 147, 148, 341, 324 and 307 r/w Section 149 IPC. He alone stood trial before the court. As per the impugned judgment dated 28.03.2003, the learned Additional Sessions Judge found him guilty of offences punishable under Sections 143, 147 and 148 r/w Section 324 IPC. Pending this appeal, the de facto complainant has compounded the matter with the appellant. Even though in the affidavit it is stated that the matter has been amicably settled due to the intervention of mediators and the de facto complainant has no subsisting grievance against the appellant and the offences have been compounded, the offences punishable under Sections 143, 147 and 148 are not compoundable offences. In the case of the offence punishable under Section 324 IPC, the composition entered into between the parties is valid. The composition of the offence punishable under Section 324 IPC is recorded. It will have the effect of an acquittal of the appellant for the offence punishable under Section 324 IPC in view of Section 320(8) Cr.P.C. Since the alleged unlawful assembly was formed for committing the offence punishable under Section 324 IPC and the said offence has been compounded, it cannot be said that the appellant joined an unlawful assembly for the purpose of committing an offence punishable under Section 324 IPC. If so, the offences punishable under Sections 143, 147 and 148 cannot have any legs to stand on. The appellant is, accordingly, acquitted of the offences punishable under Sections 143, 147 and 148 IPC. This appeal is allowed as above. Dated this the 13th day of October, 2009. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ------------------------------------ Crl. Appeal No. 627 of 2003 ---------------------------------------- 13th day of October, 2009. JUDGMENT