IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.Rev.Pet.No. 2044 of 2010(A) ------------------------------ CRA.1061/2006 of ADDL. SESSIONS JUDGE, FAST TRACK COURT-I, TRIVANDRUM CC.175/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVISION PETITIONER/APPELLANT/A1 ----------------------------------------------------- VELAPPAN NAIR,S/O. GANGADHARAN PILLAI, PULLUVILA VEEDU, KAIMANAM, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENTS/ RESPONDENT/COMPLAINANT ------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. S.VIKRAMAN, PINARUMOODU VEEDU, KAIMANAM, PAPPANAMCODE P.O., THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR R2 BY ADV. SRI.SHAJIN S.HAMEED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. --------------------------------------- Crl.R.P. No.2044 of 2010 --------------------------------------- Dated this the 14th day of July, 2010 O R D E R ---------------- The above revision petition is preferred, by the first accused challenging, the conviction and sentence imposed against him under Sections 415, 420 and 34 of IPC vide judgment dated 10.10.2006 in CC No. 175/2002 of the Court of Judicial First Class Magistrate-I, Neyyattinkara and the judgment dated 21.03.2009 in Crl.A. No. 1061/2006 of the Court of Additional Sessions Judge, Fast Track Court-1, Thiruvananthapuram. 2. The above case was instituted upon a private complaint preferred by the second respondent here in. The Trail Court has found in favour of the complainant and accordingly, convicted the revision petitioner and sentenced to simple imprisonment for a period of one year and also directed to pay an amount of Rs.5,000 as 2 Crl.R.P. No.2044 of 2010 fine and, in default of payment, the revision petitioner/ accused is directed to undergo simple imprisonment for a further period of three months. It is also ordered that on realization of the fine amount, Rs.3,000/- shall be paid to the complainant as compensation. Though an appeal was filed the lower appellate Court dismissed the appeal confirming the conviction and sentence. It is the above judgment and order of conviction is challenging in this revision petition. 3. Today by a separate order in Crl.MA No. 6508/10 this Court allowed the revision petitioner as well as the second respondent who are the contesting parties to compound the offence under Sections 415, 420 and 34 of IPC and the composition is recorded and by virtue of Section 320(8) of Crl.PC, the composition of offence will amount to an acquittal of the accused. Therefore I am of the view that, this revision petition can be allowed by acquitting the revision petitioner/accused. 3 Crl.R.P. No.2044 of 2010 In the result, this revision petition is allowed, setting aside the judgments of the Court below and acquitting the revision petitioner/accused of all the charges levelled against him and he is set at liberty. V.K. MOHANAN, JUDGE rkc