IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 3903 of 2009() ------------------------------ CRA.595/2007 of II ADDL.SESSIONS COURT, ERNAKULAM SC.373/2006 of I ADDL.ASSISTANT SESSIONS COURT, ERNAKULAM .................... REVN. PETITIONER: APPELLANT/1ST ACCUSED ------------------------------------------ JAYAN @ JAISU, S/O. NARAYANAN, THAMARASSERY HOUSE, KATHRIKADAVU, KALOOR.P.O. ERNAKULAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE ERNAKULAM TOWN NORTH POLICE STATION. PUBLIC PROSECUTOR SRI.RITHWIK ADV. SMT.M.P.ANITHA FOR DEFACTO COMP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.3903 of 2009 ----------------------------------- Dated this the 23rd day of December, 2009 ORDER The revision petitioner, who is the first accused along with four others were prosecuted by the Station House Officer, Town North Police Station in Crime No.211 of 2005 for offence under Sections 143, 147, 148, 341, 324, 308 read with section 149 I.P.C. The First Additional Assistant Sessions Judge, Ernakulam before whom the revision petitioner and others were tried found the revision petitioner guilty for offence under Sections 324 I.P.C. and sentenced to rigorous imprisonment for one year and a fine of Rs.5,000/- with a default sentence of simple imprisonment for three months. For other offences, he was acquitted. Other accused were also acquitted. In Criminal Appeal No.595 of 2007, the Second Additional Sessions Judge, Ernakulam, while confirming the conviction, reduced the sentence to rigorous imprisonment for two months and a fine of Rs.5,000/-. Assailing the above conviction and sentence as modified in appeal, this revision petition was filed. 2. The revision petitioner along with the defacto complainant, who was examined as PW.1 before the trial court, Crl.R.P.No.3903 of 2009 2 settled the matter out of court and filed petition as Crl.M.Appl.No.12746 of 2009 seeking permission to compound the offence. As on the date of crime, the offence for which the revision petitioner was found guilty is compoundable with permission. Having heard either side, I find no reason to reject the petition. Hence the petition is recorded. Sanction is accord to compound the offence. Recording the compounding, the revision petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure and set at liberty. P.S.GOPINATHAN, JUDGE skj.