IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.Rev.Pet.No. 265 of 2009() ------------------------------------ CRA.186/2004 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM CC.533/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVN. PETITIONER(S): APPELLANT ------------------------------ 1. UDAYAKUMAR, (A1), S/O. APPU PILLAI, CHEKKALA THOTTATHU VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 2. SHEELAN (A2), S/O. DASAN NADAR, THOTTUKALIL VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 3. VARGHESE (A3), S/O. THANKAYYAN NADAR, ROADARIKATHU VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 4. JANADAS (A5), S/O. JOSEPH NADAR, PALKULANGARA VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 5. FEVIN (A6), S/O. NJANADAS NADAR, PALKULANGARA VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 6. VIJAYAN (A8), S/O. GOPI NADAR, PALKULANGARA VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 7. YESUDAS (A9), S/O. GOPI NADAR, PALKULANGARA VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. 8. PALAYYAN (A10), S/O. CHELLAPPAN NADAR, MELETHATTU VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. Crl.R.P.No.265/2009 -2- 9. BABU (A11), S/O. CHELLAPPAN NADAR, MELETHATTU VEEDU, ANCODE, PERUMKADAVILA VILLAGE, NEYYATINKARA. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN SRI.SUMAN CHAKRAVARTHY FOR RRESPONDENT THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============= Crl.R.P. No.265 of 2009 -------------------------------------- Dated, this the 11th day of February, 2009 ORDER In this Revision filed under Section 397 read with 401 Cr.P.C., petitioners who are accused Nos.1, 2, 3, 5, 6 and 8 to 11 in C.C.No.533 of 1998 on the file of the Judicial First Class Magistrate Court-I, Neyyattinkara challenge the conviction entered and the sentence passed against them for offences punishable under Sections 143, 147, 148, 427 and 447 read with Section 149 IPC. 2. The case of the prosecution can be summarised as follows:- On 8-7-1997, at about 9.15 p.m. eleven accused persons out of their enmity towards PW1 formed themselves into an unlawful assembly with armed weapons such as chopper, stones, short stick etc. at Aankode in Crl.R.P.No.265 of 2009 - 2 - Perunkadavila village and criminally trespassed into the compound of PW1 and committed mischief by smashing the window glasses and by disconnecting the telephone etc. causing a total loss of Rs.15,000/- to PW1. 3. The conviction recorded by the trial court for the aforementioned offences has been confirmed in appeal by the learned Additional Sessions Judge, Thiruvananthapuram. Hence, this revision. 4. Pending this revision, the injured de facto complainant has purported to compound all the aforementioned offences committed by the petitioners herein and a joint petition has been filed as Crl.M.A.No.1370 of 2009. The petitioners place reliance upon the decision of the Apex Court in Madan Mohan Abbot V. State of Punjab [2008(4) SCC 582] in seeking to compound the offences by invoking Section 482 Cr.P.C. Crl.R.P.No.265 of 2009 - 3 - 5. Having regard to the facts and circumstances of the case, I am not inclined to hold that the occurrence arose out of strictly private dispute between the parties so as to press into service Madan Mohan Abbot's case. 6. The offences which are compoundable are those punishable under Sections 427 and 447 IPC. The other offences namely Sections 143, 147, 148 and 149 are not compoundable offences. Hence, the joint petition can be allowed only so far as it relates to the offences punishable under Sections 427 and 447 IPC. The petition so far as those offences are concerned is allowed and the composition is recorded. It will have the effect of an acquittal of the revision petitioners with regard to the offences punishable under Sections 427 and 447 IPC in view of Section 320(8) Cr.P.C. Crl.R.P.No.265 of 2009 - 4 - 7. In view of the composition of the offences punishable under Sections 427 and 447 IPC, it cannot be said that an unlawful assembly was formed for committing mischief and criminal trespass. If so, the conviction recorded for offences punishable under Sections 143, 147, 148 and 149 cannot be sustained and is accordingly dislodged. The revision petitioners are acquitted of the offences punishable under Sections 143, 147, 148 and 149 IPC as well. Accordingly, this Criminal Revision petition is allowed as above. Dated this the 11th day of February, 2009. V.RAMKUMAR, (JUDGE) skr