IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.Rev.Pet.No. 3110 of 2010(Y) -------------------------------------------- [CRL.A.NO.387/2004 OF ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY, CC.NO.472/2000 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA] .................... REVISION PETITIONER/APPELLANTS/ACCUSED: --------------------------------------------------------------------- 1. KAVUMKAL SHAJI JOSEPH, S/O.CHACKO, AGED 39 YEARS, AGRICULTURIST, PAYYAVOOR AMSOM DESOM, THALIPARAMBA TALUK. 2. KOCHUVEETTIL BINO, S/O.KOSHI, AGED 34 YEARS, COOLIE, PAYYAR AMSOM DESOM, THALIPARAMBA TALUK. BY ADV. SMT.M.R.JAYALATHA. RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. PALLATH KUNHIRAMAN, S/O.CHEMMARAN, PAYYAVOOR AMSOM, VANHIYAM COLONY, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN – 670 001. R1 BY PUBLIC PROSECUTOR SMT. SUMANGALA P.N, R2 BY ADV. SRI.M.C.RATNAKARAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.3110 OF 2010 ---------------------------------------- Dated 22nd Day of October, 2010 ORDER Challenging the conviction and sentence under Sections 341 and 324 of IPC, the above Crl.R.P is preferred by accused Nos. 1 and 2 in C.C.No.472/2000 of the court of Judicial First Class Magistrate, Taliparamba. 2. The prosecution allegation is that at about 8.30.p.m., on 25.2.2000, when the de facto complainant was on his way back to his home, accused Nos. 1 and 2 wrongfully restrained him and A1 stabbed him with a knife and thereby the accused committed the offences punishable under sections 341 and 324 read with Section 34 of IPC. The above conviction is finally approved by the appellate court and thus the accused preferred the above Crl.R.P. challenging their conviction and CRL.R.P. NO.3110/10 2 sentence. 2. Today by a separate order in Crl.M.No.9928/2010 this court allowed the contesting parties, the petitioners in the above petition, to compound the offence and accordingly, the composition of the offences is recorded. In the light of the composition of the offences between the contesting parties, by virtue of Section 320(8) of Cr.P.C the revision petitioners are entitled to get an acquittal. In the result, this Crl.Revision petition is allowed setting aside the judgments dated 29.6.2004 in C.C.No.472 of 2000 of the Judicial First Class Magistrate Court, Taliparamba and the judgment dated 19.7.2010 in Crl.A.No.387 of 2004 of the court of Addl.Sessions Judge, Adhoc-III, Thalassery and acquitting the revision petitioners of all the charges levelled against them in the above case and CRL.R.P. NO.3110/10 3 they are set at liberty. The bail bond if any executed by them shall stand cancelled. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P. NO.3110/10 4 V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..