IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.Rev.Pet.No. 4637 of 2006() ------------------------------ CRL.A.210/2004 ON THE FILE OF ADDL.DIST.&SESSIONS (ADHOC) COURT I, PATHANAMTHITTA. C.C.No.636/2001 ON THE FILE OF JFCM II, PATHANAMTHITTA REVN. PETITIONER: APPELLANTS/ACCUSED 2 TO 5: 1. AJI, S/O. SASIDHARAN PILLAI, MULAMOOTTIL VEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. 2. MANIKANDAN, PUTHEN VEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. 3. MANIYAN, S/O. SHANMUGHAN, VILLAMTHANATHU VEEDU, MICHABHOOMY COLONY, OOTTUPARA, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. 4. MANOJ, S/O. RAMAKRISHNAN, PUTHEN VEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENTS: RESPONDENTS/COMPLAINANTS: 1. SADANANDAN, S/O. RAJU, TEN ACRE, MURUPPEL VEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. 2. SATHEESH, S/O. SADANANDAN, TEN ACRE, MURUPPEL VEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.A.JAYAKUMAR FOR R1 & 2 BY PUBLIC PROSECUTOR SRI.P.RAVINDRANATH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P. NO. 4637/2006 : 2 : ORDER ON CRL.M.A. NO. 13444/2006 IN CRL.R.P. NO. 4637/2006 DISMISSED 13.06.2008. sd/- V.RAMKUMAR,JUDGE. /True Copy/ P.A to Judge. V. RAMKUMAR , J. ========================== Crl.R.P. No. 4637 of 2008 ========================== Dated this the 13th day of June, 2008. ORDER The revision petitioners, who are accused Nos. 2 to 5 in C.C. No. 636 of 2001 on the file of the Judicial First Class Magistrate- II, Pathanamthitta for offences punishable under Sections 143, 147, 148, 452 and 324 r/w Section 149 IPC, challenge the conviction entered and the sentence passed against them concurrently by the courts below for the aforementioned offences. 2. Pending this revision, petitioners along with the de facto complainant Sadanandan and the other injured Satheesh (PWs 1 and 2) have filed Crl. M.A. No. 13445 of 2006 under Section 320 Cr.P.C to the effect that disputes between the parties have been settled and seeking permission to compound the offences. Except the offence punishable under Section 324 IPC, the other offences are not compoundable. Hence, the said application is allowed only so far as it relates to the offence punishable under Section 324 IPC and the revision petitioners shall stand acquitted of the said offence in view of Section 320(8) Cr.P.C. CRL.R.P. NO. 4637/2008 : 2: 3. What now survives for consideration is the conviction of the revision petitioner with regard to the other offences. According to the prosecution, the 5 accused persons formed themselves into an unlawful assembly for the purpose of voluntarily causing hurt to PWs 1 and 2 and for that purpose they criminally trespassed upon the property in question. When once the offence under Section 324 IPC has been compounded, it cannot be said that the accused persons had committed criminal trespass as the offence for which they allegedly committed criminal trespass, has already been compounded. If so, there cannot be any unlawful assembly as well since the offence for which the unlawful assembly was allegedly formed, has already been compounded. If so, the conviction for the rest of the offences also cannot be sustained. Accordingly, the revision petitioners are acquitted of the offences punishable under Sections 147, 148 and 452 r/w Section 149 IPC. This revision is allowed as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 4637/2008 : 3: