IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.Rev.Pet.No. 1726 of 2002() ------------------------------ CRA.162/1998 of ADDL. SESSIONS COURT (ADHOC-I), THODUPUZHA CC.122/1995 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- THANKAMMA, AGED 82 YEARS, W/O. KALUKURUMBAN, PALLIPARAMBIL VEEDU, MANAMKALA BHAGAM, ADIMALI KARA, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.BABU GEORGE SRI.S.JIJI SRI.PADAYATTE YELDO RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.R.P.NO.1726 OF 2002 --------------------------------------------- Dated 7th July, 2010 O R D E R Revision petitioner was convicted and sentenced for the offence under Sections 326 and 324 of Indian Penal Code by Judicial First Class Magistrate, Adimaly in C.C.122/1995. Petitioner challenged the conviction and sentence before Sessions court in Crl.A.162/1998. Learned Additional Sessions Judge on re-appreciation of evidence found that offence committed by the petitioner is not under Sections 326 and 324 but only under Section 325 of Indian Penal Code and conviction was altered to under Section 325 of Indian Penal Code and petitioner was sentenced to rigorous imprisonment for six months and CRRP 1726/02 2 fine of Rs.3,000/- and in default simple imprisonment for three months. Revision is filed challenging the conviction and sentence. 2. In the revision petition, the injured de facto complainant who was examined before the learned Magistrate as PW1, filed Crl.M.A.3223/2010, a petition under Sub Section (2) of Section 320 of Code of Criminal Procedure for permission to compound the offence stating that entire disputes were settled between the injured PW1 and petitioner accused and consequent to the settlement, permission was sought to compound the offence. 3. Offence under Section 325 of Indian Penal Code is compoundable with the leave of the court by the person who sustained the hurt. As PW1 who sustained the hurt herself filed Crl.M.A.No.3223/2010 seeking leave of the court CRRP 1726/02 3 under Sub Section (2) of Section 320 of Code of Criminal Procedure to compound the offence, permission is granted to compound the offence. Offence is compounded. M.SASIDHARAN NAMBIAR, JUDGE. uj.