IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 1523 of 2006(Y) ------------------------------- CRA.275/2002 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.597/1997 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- MANNATHKANDY VIJAYAN S/O.RAGHAVAN,MANNATHKANDI HOUSE, CHEVAYUR AMSOM DESOM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. C.K.KUMARAN, S/O.KUTTAN, KIZHAKKUVEETTIL, KODUVALLY. 2. STATE OF KERALA, REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JACOB ABRAHAM FOR R1 BY PUBLIC PROSECUTOR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== CRL.R.P. No.1523 OF 2006 ===================== Dated this the 15th day of December 2008 O R D E R This revision petition is preferred against the confirmation of conviction and sentence passed in Crl.A.No.175 of 202. In turn that appeal was filed against the conviction and sentence passed by the Judl.I Class Magistrate Court-III, Kozhikode in CC No.597 of 1997. The trial court found the accused guilty and convicted him to undergo simple imprisonment for one year. The appellate court confirmed the conviction, but modified the sentence of simple imprisonment of one year into one month and to pay a compensation of Rs.2,74,000/- and in default to undergo simple imprisonment for 10 months. As per Crl.M.A.No.12388 of 29008, the matter has been compounded between the complainant and the accused and that has been recorded as compounded. When the matter is compounded and settled between the parties, necessarily the conviction and sentence passed by both the courts below are liable to be set aside as per the provision of Section 320(8) of the Code of Criminal Procedure. Therefore the said composition of the offence shall have the effect of an acquittal of Crl.R.P.1523/2006 -:2:- the accused in the case. The Crl.R.P. is disposed of as above. It is submitted that the revision petitioner has deposited a sum of Rs.75,000/- before the trial court and as per the terms of compounding, it has to be reimbursed to him. The revision petitioner is at liberty to withdraw that Rs.75,000/- on appropriate application. M.N.KRISHNAN, JUDGE Cdp/-