IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.Rev.Pet.No. 506 of 2006() ----------------------------- CRA.325/1999 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.105/1996 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED.1 ----------------------------------------- 1. T.BALAKRISHNAN, S/O.CHEKKAYI, THRIPPONGOTTUR AMSOM DESOM. 2. K.PURUSHU @ PURUSHOTHAMAN, S/O.CHEKKAYI, CHETTAKANDY. 3. C.K.ASOKAN, S/O.KELAPPAN, THRIPPANGOTTUR AMSOM. 4. C.K.SASI, S/O.KUNHIKANNA, RESIDING DO. 5. C.K.ANIL KUMAR, S/O.KUNHIKANNAN, RESIDING AT DO. 6. M.CHANDRAN, S/O.KANARAN, RESIDING DO. 7. K.N.CHATHU, S/O.CHEKKU, RESIDING DO. 8. K.N.ACHUTHAN, S/O.CHEKKU, RESIDING DO. BY ADV. SRI.T.A.RAMADASAN Crl.R.P.No.506 of 2006 2 RESPONDENT(S): COMPLAINANT. ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.506 of 2006 = = = = = = = = = = = = = = Dated this the 9 th day of February, 2009 ORDER The revision petitioners are accused Nos.1 to 8 in C.C.No.105 of 1996 on the file of the Chief Judicial Magistrate,Thalassery. They challenge the conviction entered and the sentence passed against them for offences punishable under Sections 143,147,148,447,452,341,323,324 and 354 read with 149 IPC. 2. Pending this revision the 5 injured persons have compounded the offences with the petitioners and a joint petition has been filed as Crl.M.A.No.1234 of 2009 seeking permission to compound the offences. Eventhough the offence punishable under Section 324 IPC is at present not compoundable, the said offence was compoundable on the date of occurrence, namely, 27.9.95. Hence, in view of the decision of the Apex Court in Abdul Sufan Laskar v. State of Assam (2008(4) KLT SN1 Case No.2), the composition of the said offence can also be permitted. Accordingly, the permission sought is granted. The Crl.R.P.No.506 of 2006 2 composition is recorded and it will have the effect of acquittal of the revision petitioners of the offences punishable under the aforementioned sections. This revision is, accordingly, disposed of. Money, if any, deposited by the revision petitioner, by way of fine, shall be refunded to the revision petitioners. Dated this the 9 th day of February, 2009. V. RAMKUMAR, JUDGE sj