IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Crl.Rev.Pet.No. 976 of 2009() ----------------------------- CRA.310/2001 of I ADDL. SESSIONS COURT, TRIVANDRUM CC.465/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER/ APPELLANT/ACCUSED:- ------------------------------------------------- THILAKAN MEERANVILA VEEDU, SARKARA VILLAGE, KOTTAPPURAM, CHIRAYINKEEZHU DESOM, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR. M.R.RAJESH RESPONDENTS:- (RESPONDENTS/STATE & DE FACTO COMPLAINANT:- ----------------------------------------------------------------------------- 1. PRASAD, S/O. DIVAKARAN, THODIYIL VEEDU, KOTTAPPURAM, SARKARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. V.RADHAKRISHNAN FOR R1 MS. A.K.PREETHA FOR R1 ADV. MR. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 976 of 2009 ========================= Dated this the 17th day of March, 2009. O R D E R In this revision filed under Section 397 r/w Section 401 Cr.P.C., the 2nd accused in C.C. No. 465 of 1999 on the file of the Judicial First Class Magistrate-I, Attingal, challenges the conviction entered and the sentence passed concurrently against him for offences punishable under Sections 323 and 324 r/w Section 34 IPC. The occurrence took place on 15.12.1998. 2. Pending this revision, the injured/de facto complainant examined as PW3 has compounded the offences with the revision petitioner and a joint petition has been filed as Crl. M.A. No. of 2009 seeking composition of the offences. Even though the offence under Section 324 IPC is no more compoundable, in the light of the decision reported in Abdul Sufan Laskar v. State of Assam [2008 (4) KLT SN 1 SC], since the offences was compoundable on the date of the commission of the offence, the composition can be allowed. Accordingly, the composition is recorded and it will have the effect of acquitting the revision petitioner of the offences punishable under Sections 323 and 324 Cr.P.C in view of Section 320(8) Cr.P.C. This revision is allowed as above. Dated this the 17th day of March, 2009. V. RAMKUMAR, JUDGE. rv