IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Crl.Rev.Pet.No. 3239 of 2009() ---------------------------------------------------- [ CRA.248/2008 of ADDL.SESSIONS COURT, PATHANAMTHITTA CC.142/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA] .................... REVN. PETITIONERS/ APPELLANTS/ ACCUSED NOS.1 & 2 ------------------------------------------------- 1. PRAMOD @ BABU, AGED 31 YEARS, S/O.SUDHAKARAN, THEKKUNILKUNNATHIL HOUSE, KANJEETTUKARA MURI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. 2. PRASANNAN, AGED 34 YEARS, S/O.SUDHAKARAN, THEKKUNILKUNNATHIL HOUSE, KANJEETTUKARA MURI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JACOB P.ALEX RESPONDENTS/ COMPLAINANT AND PWS 1 & 2 ---------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. USHA, AGED 36 YEARS, W/O.SAJI, CHARIVUKALAYIL HOUSE, KANJEETTUKARA MURI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. 3. SAJI, AGED 38 YEARS, S/O.DAMODARAN, CHARIVUKALAYIL HOUSE, KANJEETTUKARA MURI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R2 & 3 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK P.S. GOPINATHAN, J. ------------------------- CRL.R.P. NO. 3239 OF 2009 ---------------------------------- DATED THIS THE 16TH DAY OF OCTOBER 2009 O R D E R The revision petitioners are accused 1 and 2 in C.C No. 142 of 2006 on the file of the Chief Judicial Magistrate, Pathanamthitta. They were prosecuted by the Sub Inspector of Police, Koipuram in Crime No. 223 of 2006 for offence punishable u/ss. 341, 323,324,294(b), 506(ii) r/w 34 of IPC. After trial the learned Magistrate arrived a finding that the prosecution had succeeded to establish offence under Sections 341 and 323 IPC as against the first revision petitioner and offence under Section 323 IPC as against the 2nd revision petitioner. Accordingly they were convicted for the said offences. For the other offences they were acquitted. The first revision petitioner was sentenced to pay a fine of Rs. 500/- with a default sentence to undergo simple imprisonment for seven days for the offence u/s.341 IPC; and simple imprisonment for three months for the offence u/s.323 IPC. The 2nd revision petitioner was sentenced to pay fine of Rs.1,000/- with a default sentence to undergo simple imprisonment for three months for offence under section 323 IPC. CRL. R.P. NO. 3237 OF 2009 2 Though the revision petitioners preferred appeal, they were not successful. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal this revision petition was filed. 3. Now the revision petitioners had settled the matter with Pws1 and 2 who were injured and they filed a joint application as Crl.M.A No. 10043 of 2009. Having heard either side, I find no reason to reject the petition. The offence for which the revision petitioners are convicted are compoundable. In the above circumstances Crl.M.A No. 1043 of 2009 is recorded and the revision petitioners are acquitted under Section 320(8) of IPC. They would be set at liberty. The Crl. R.P. is disposed of as above. P.S. GOPINATHAN JUDGE PKK