IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Crl.Rev.Pet.No. 405 of 2009() ----------------------------- CRA.367/2000 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM CC.226/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... REVN. PETITIONER(S)/APPELLANTS/ ACCUSED: --------------------- 1. SATHYARAJ, S/O.RAJAYYAN NADAR, THUDALY ULLIYAKKODU PUTHEN VEEDU, MYLACHAL DESOM, KEEZHAROOR, THIRUVANANTHAPURAM. 2. SHAJI, S/O.RAJAYYAN NADAR, THUDALY ULLIYAKKODU PUTHEN VEEDU, MYLACHAL DESOM, KEEZHAROOR, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS NADAR, S/O.JOSEPH NADAR, MEENACHIRA ROADARIKATHUVEEDU, KARIKAMANCODE, VELLARADA, THIRUVANANTHAPURAM. ADV. SRI.HARIKUMAR.S. FOR R2 R1 BY PUBLIC PROSECUTOR P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.405 OF 2009 ------------------------------------------ Dated 4th February 2009 O R D E R Accused 2 and 3 in C.C.226/1997 on the file of Judicial First Class Magistrate-III, Neyyattinkara are the revision petitioners. They along with first accused were convicted and sentenced for the offence under Section 324 read with Section 34 of Indian Penal Code. All the accused challenged the conviction before Sessions court, Thiruvananthapuram in Crl.A.367/2000. Learned Additional sessions Judge on re-appreciation of evidence confirmed the findings of learned Magistrate that in furtherance of their common intention revision petitioners voluntarily caused hurt to PW1, Thomas Nadar and they thereby committed offence under Section 324 read with Section 34 of Indian Penal Code. Conviction is challenged in this revision. Learned counsel submitted that first accused is no more. 2. Along with revision, Crl.M.A.1220/2009 was filed by revision petitioners along with PW1, the 2 injured under Sub Section 6 of Section 320 of Code of Criminal Procedure seeking permission to compound the offence stating that they have settled the dispute amicably and the injured has no subsisting grievance against the revision petitioners and the application is not filed due to any collusion or fraud or coercion. 3. Offence under Section 324 is compoundable under Sub Section (2) of Section 320 of Code of Criminal Procedure as Amendment Act Section 324 of Indian Penal Code from Sub Section 2 of Section 320 has not come into force. The offence is compoundable by the injured with the sanction of the court. As the injured himself has stated that the matter has been settled and sought compounding of the offence along with the revision petitioners, Crl.M.A.1220/2009 is allowed. Permission is granted to compound the offence. Offence under Section 324 read with Section 34 of I.P.C is compounded. M.SASIDHARAN NAMBIAR, JUDGE. uj.