IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.Rev.Pet.No. 1 of 2008() --------------------------- CRA.255/2006 of ADDL. SESSIONS COURT (ADHOC)-II, KALPETTA CC.429/2000 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- ASHRAF, S/O. POKKER, AGED 36, KAVULLI VEEDU, KUPPADI AMSOM, KARAKANDI, SULTHAN BATHERY. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, (CRIME NO.221/2000 OF KALPETTA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl. 2. DAKSHAYANI, W/O. KRISHNAN, SUMASREE HOUSE, KALPETTA P.O., WAYANAD DISTRICT. IS IMPLEADED AS ADDL. SECOND RESPONDENT AS PER ORDER DATED 8-8-2011 IN CRL.M.A.NO.7030/2011. PUBLIC PROSECUTOR SRI. M.S. BREEZE FOR R1 ADV. SRI. VENKATESH KAMATH FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.R.P. No. 1 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th August, 2011 O R D E R Revision petitioner is the accused in C.C.No.429/2000 on the file of the Chief Judicial Magistrate, Kalpetta, Wayanad and the appellant in Crl.A.No.255/2006 on the file of the Addl. Sessions Court (Adhoc) II, Kalpetta. He was convicted under section 379 IPC and sentenced to undergo simple imprisonment for six months by the trial court by judgment dated November 24, 2006, which was confirmed in appeal by the lower appellate court by judgment dated October 5, 2007. Now the accused has come up in revision challenging his conviction and sentence. 2. The case of the prosecution, as shaped in evidence before the trial court, in brief, is this:- PW1 was the Accountant of the Service Co-operative Bank, Kalpetta. On July 31, 2000 in the morning she went to the upstairs to open the locker of the bank. While she was on the staircase CRrP 1/2008 2 of the bank, the accused who was standing in front of her snatched a gold chain from her. PW1 immediately caught hold of the gold chain and the same was broken. One piece of the gold chain was in possession of the accused (MO2) and another piece remained with PW1 (MO1). On hearing the cry of PW1, staffs of the bank PWs.2 and 3 came and caught hold of the accused. They produced him before PW5 who was the then Addl. S.I. of Police, Kalpetta Police Station. He arrested the accused, recorded statement of PW1 (Ext.P1) and registered the case. He conducted the investigation in this case and laid the charge before the trial court. 3. The accused, on appearance before the trial court, pleaded no guilty to a charge under section 379 IPC. PWs.1 to 5 were examined and Exts.P1 to P5 were marked on the side of the prosecution. Pieces of gold chain were marked as MOs.1 and 2. When questioned under section 313 Cr.P.C., the accused denied the entire incident. No defence evidence was adduced. On an appreciation of the evidence, CRrP 1/2008 3 the trial court found the accused guilty of offence punishable under section 379 IPC, convicted him thereunder and sentenced him as aforesaid, which was confirmed in appeal by the lower appellate court. The accused has now come up in revision challenging his conviction and sentence. 4. When the revision petition came up for hearing today, the revision petitioner/accused and the de facto complainant filed a joint petition Crl.M.A.No.7031/2011 stating that the matter has been settled between the parties and seeking permission to compound the offence. The said petition was allowed by me and the offence was compounded. The de facto complainant was also impleaded as additional second respondent in this appeal and she is represented by a counsel. As the offence has been compounded, the revision petition has to be allowed. 5. In the result, the revision petition is allowed. The conviction rendered and sentence imposed on the revision petitioner by the trial court which were confirmed in appeal CRrP 1/2008 4 by the lower appellate court are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C.. His bail bonds are cancelled. P.Q. BARKATH ALI, JUDGE CRrP 1/2008 5 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ Crl.R.P. No. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ O R D E R