IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.Rev.Pet.No. 4155 of 2006() ------------------------------ CRA.47/2004 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM CC.565/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED 1 TO 3 & 5: ------------------------------------------------------------------------------------------------ 1. SHAJI, S/O. CHINNA THAMPI, NELLIKKALA VEEDU, MELKONAM, PAZHAMALA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA. 2. MOHANA CHANDRAN, S/O.THANKAPPAN, GOPAVILASOM VEEDU, MELKONAM, PAZHAMALA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA. 3. SANAL KUMAR, S/O. CHINNA THAMPI, NELLIKKALA VEEDU, MELKONAM, PAZHAMALA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA. 4. CHINNA THAMPI, S/O. RAJAYYAN, NELLIKKALA VEEDU, MELKONAM, PAZHAMALA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT: ----------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK SRI.THOUFEEK AHAMED FOR R2 & 3 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = = = Crl.R.P. No.4155 of 2006 = = = = = = = = = = = = = = = = = = = = = Dated, this the 13 th day of January, 2010. ORDER Revision Petitioners stand convicted for offences punishable under Sections 143,147,148, 323 and 324 read with 149 IPC and sentenced for offences punishable under Sections 148 and 324 read with 149 IPC. They were the accused C.C.No.565 of 1998 on the file of J.F.C.M-I, Neyyattinkara. The aforesaid conviction was confirmed and sentence was modified by the Additional Sessions Judge(Fast Track-III), Thiruvananthapuram in Crl.A.No.47 of 2004. 2. Pending this revision, the two injured persons have compounded the offence punishable under Section 324 IPC which was a main offence allegedly committed by the members of the unlawful assembly including the revision petitioners. Revision petitioners have filed Crl. M.A. No.26 of 2010 under Sec. 320 Cr.P.C., seeking leave to compound the said offence and to record the composition and the same is allowed. When the offence punishable under Section 324 IPC has been compounded, it cannot be said that the revision petitioners had formed themselves into an unlawful assembly for the purpose of Crl. Appeal No.4155 of 2006 2 committing the offence punishable under section 324 IPC. Hence the conviction under sections 143,147 and 148 read with 149 IPC also cannot stand. 3. The permission sought for is granted and the composition is recorded. This will have the effect of acquittal of the revision petitioners of the offence punishable under Section 324 I.P.C. Since it cannot be said that they had formed themselves into the unlawful assembly for the purpose of committing the offence punishable under Section 324 IPC, their conviction for the rest of the offences is also dislodged. Accordingly, the revision petitioners shall stand acquitted of all the aforementioned offences. This Crl. R.P. is disposed of as above. Dated this the 13th day of January, 2010. V. RAMKUMAR, JUDGE sj