IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.Rev.Pet.No. 300 of 2009() ----------------------------- CRA.715/2004 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR SC.20/2001 of I ADDL. ASSISTANT SESSIONS COURT, IRINJALAKUDA .................... REVN. PETITIONER(S): ACCUSED ------------------------------------- 1. HARISH, S/O. BALAN, ORAVANTHURUTHY, MENON BAZAR, AZHEEKODE, KODUNGALLUR. 2. ANILKUMAR, S/O. BALAN, ORAVANTHURUTHY, MENON BAZAR, AZHEEKOD, KODUNGALLUR. 3. VIJEESH, S/O. VOJAYAN, CHEPPULLY, MENON BAZAR, AZHEEKODE, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT ------------------------------------ STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 300 OF 2009 =========================== Dated this the 27th day of January,2009 ORDER Revision petitioners are accused 1 to 3 in S.C.20/2001 on the file of Assistant Sessions Court, Irinajalkuda. They along with the accused 4 to 6 were tried for the offence under sections 143,147,148,341,323,307 read with section 149 of Indian Penal Code. Learned Assistant Sessions Judge acquitted accused 4 and 6 of all the offences. 5th accused was absconding. Accused 1 to 3 were acquitted of the offences under section 143,147,148,341,307 read with section 149 of IPC. They were convicted and sentenced for the offences under sections 323 and 324 read with section 34 of IPC. Learned Assistant Sessions Judge found that in furtherance of their common intention, accused 1 to 3 voluntarily caused hurt with a CRRP 300/2009 2 dangerous weapon to PW1 and convicted and sentenced them for the offence under section 323 and 324 of IPC. They challenged the conviction and sentence before Additional Sessions Court, Thrissur in Crl.A.715/2004. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence. Revision is filed challenging the conviction and sentence. 2. Along with the revision, revision petitioners filed Crl.M.A.905/2009 along with PW1,the de facto complainant, the injured seeking permission to compound the offence under section 320 of Code of Crl.Procedure. In the petition they have stated that the dispute was settled between PW1, the sole injured and the revision petitioners and sought permission to compound the offence. 3. An offence under section 323 of Indian Penal Code is compoundable under sub section (1) of Section 320 of Code of Criminal Procedure even without the permission of the court. Though CRRP 300/2009 3 section 324 is deleted from sub section (2) of Section 320 of Code of Criminal Procedure the amendment has not come into force. Therefore as provided under sub section (2) of Section 320, an offence under section 324 of Indian Penal Code is compoundable with the permission of the court and it is compoundable by the injured. As the injured PW1 sought permission to compound the offence stating that he has settled the dispute with the revision petitioners, Crl.M,.A.905/2009 is allowed. Permission is granted to compound the offences Offences under section 323 and 324 read with section 34 IPC are compounded. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006