IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.Rev.Pet.No. 2470 of 2008() ------------------------------ CRA.265/2005 of ADDL. SESSIONS COURT, (ADHOC-I), PALAKKAD CC.476/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... REVN. PETITIONER: APPELLANTS/ACCUSED 1 TO 5 1. MUHAMMED, S/O.KUNJAHAMED, PUTHIYODATH HOUSE, KOOMANCHIRA, ALANELLUR. 2. ABU, S/O.KUNJAHAMED, PUTHIYODATH HOUSE, KOOMANCHIRA, ALANELLUR. 3. BASHEER, S/O.KUNJAHAMMED, PUTHIYODATH HOUSE, KOOMANCHIRA, ALANELLUR. 4. YOOSAF, S/O.KUNJAHAMED, PUTHIYODATH HOUSE, KOOMANCHIRA, ALANELLUR. 5. BAPPUTTY, S/O.KUNJAHAMMED HAJI, KARAKULAMAL HOUSE, KOOMANCHIRA, ALANELLUR. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.SOJAN MICHEAL SRI.ALAN PAPALI RESPONDENTS: RESPONDENT/COMPLAINANT THE STATE OF KERALA (CRIME NO.159/98 S.I. OF POLICE, NATTUKAL POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR SRI.K.A.SALIL NARAYANAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2470 of 2008 ========================== Dated this the 31st day of July, 2008. ORDER The petitioners who are accused Nos. 1 to 5 in C.C. No. 476 of 1998 on the file of the Judicial First Class Magistrate, Mannarkkad, challenge the conviction entered and the sentence passed against all or some of them for offences punishable under Sections 323, 324, 447, 342 and 326 IPC. All the accused were convicted for offences punishable under Sections 447 and 342 IPC. Accused Nos. 2 and 5 were convicted under Section 323 IPC and accused Nos. 1 and 3 were convicted under Section 324 and the 4th accused was convicted under Section 326 IPC. The conviction of A4 under Section 326 IPC is said to be justified on the ground that PW1 was beaten by a stick resulting in a fracture of his wrist which is a grievous injury. But it has not been found by both the courts that the stick used by A4 is a dangerous weapon which was likely to cause grievous hurt. If so, the only offence which is attracted is one punishable under Section 325 IPC and the conviction of A4 is accordingly modified into one CRL.R.P. NO. 2470/2008 : 2: punishable under Section 325 IPC. Pending this revision, the de facto complainant as well as the husband PW2 who are the injured in the case, have filed a joint petition along with accused Nos. 1 to 5 as Crl. M.A. No. 7728 of 2008 to the effect that they have settled the matter and that PWs 1 and 2 do not have any subsisting grievance in the matter. Since all the offences including the offence under Section 325 IPC are compoundable offences, permission is granted and the composition is recorded and this will have the effect of acquitting the revision petitioners of the offences punishable under Sections 323, 324, 342, 447 and 325 IPC in view of the provision under Section 320(8) Cr.P.C. This revision is disposed of accordingly. Dated this the 31st day of July, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 2470/2008 : 3: