IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Crl.Rev.Pet.No. 2925 of 2009(A) -------------------------------------------- CRL.A.714/2005 OF II ADDL. SESSIONS COURT, TRIVANDRUM, CC.NO.261/2000 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM. .................... REVISION PETITIONER/ 1ST ACCUSED/APPELLANT: --------------------------------------------------------------------------- RAJESH, S/O. MURUKAN, PANACHAMOODU PUTHEN VEEDU, THEKKUMKARAMURY, NEDUMANGADU VILLAGE. BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR.N.P.PRAJEESH. RESPONDENTS/STATE/COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R2. IMPLEADED: 2. SHAJI.S. STEPHEN, S/O. K.P. STEPHEN, SHIJI COTTAGE, AMBALAPILLY, KAZHAKUTTAM.(P.O), THIRUVANANTHAPURAM. *ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 22/10/2009 IN I.A. NO. 10123/2009. R1 BY PUBLIC PROSECUTOR MR. RITHWIK, ADDL.R2 BY ADV. MR.T.S.RAJASENAN. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. ----------------------- CRL.R.P. NO. 2925 OF 2009 -------------------------------- DATED THIS THE 22ND DAY OF OCTOBER 2009 ORDER -------- The revision petitioner and another were prosecuted by the Sub Inspector of Police, Kazhakuttam Police Station in Crime No. 270 of 2007 alleging offence u/s.326, 323 r/w. 34 of I.P.C. Revision petitioner is the first accused. The 2nd accused is reported absconding. Hence the case against the 2nd accused was split up and the revision petitioner was tried before the Judicial Magistrate of First Class-III, Thiruvananthapuram. The learned Magistrate after due trial found the revision petitioner guilty u/s 326, 323 r/w 34 of IPC and convicted. He was sentenced under section 326 r/w 34 of IPC to simple imprisonment for one year and to pay Rs. 25,000/- to the 2nd respondent, the de-facto complainant as compensation u/s. 357(3) of the Code of Criminal Procedure. He was also sentenced to undergo simple imprisonment for a period of one month under section 323 r/w section 34 IPC. It was directed that the sentences shall run concurrently. In appeal preferred by the revision petitioner, the conviction and sentence awarded u/s.326 r/w.34 were set aside. CRL.R.P. NO. 2925 OF 2009 2 Whereas the conviction and sentence under section 323 r/w section 34 of I.P.C were sustained. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. 2. Now the revision petitioner along with the 2nd respondent settled the matter out of court and they jointly filed Crl.M.A No.10124 of 2009 seeking an order to compound the offence. Having heard the learned counsels on either side and the public prosecutor, I find no reason to reject the petition. Hence the petition is recorded. The revision petitioner would stand acquitted u/s.320(8) of the Code of Criminal Procedure and set at liberty. The Crl.R.P is disposed of accordingly. P.S. GOPINATHAN JUDGE pkk