IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Crl.Rev.Pet.No. 315 of 2005() ----------------------------- CRA.323/2003 of ADDL.SESSIONS COURT, THODUPUZHA CC.183/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- MAIDEEN, MAROTTICKAL HOUSE, OPPOSITE TO TELEPHONE EXCHANGE, KATTAPPANA. BY ADVS. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. SATHEESH K.K., KOCHUKUDIYIL HOUSE, UPPUTHARA P.O., UPPUTHARA VILLAGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.TOM JOSE R2 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMRA. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG N.K.BALAKRISHNAN, J ----------------------------------------- Crl.R.P. No. 315 of 2005 ------------------------------------------ Dated this the 20th day of August, 2011. O R D E R The learned counsel for the revision petitoner submits that the parties will settle the matter but no compromise petition is filed here. The learned counsel for the revision petitioner submits that the sentence of fine imposed by the courts below may be set aside while confirming the imprisonment till the rising of the court and payment of compensation of Rs.70,000/- ordered by the courts below confirmed by the appellate court in view of the said submission. I am not examining the correctness of the finding entered by the courts below. Accordingly this revision petition is disposed of as stated below:- The conviction is confirmed and sentence is modified by setting aside the fine of Rs.5,000/- by the learned Magistrate i.e. directing the revision petitioner to undergo imprisonment till the rising of the court and to pay a fine Rs.70,000/- as compensation is confirmed. Crl.R.P. No. 315 of 2005 2 The accused and the complainant shall appear before the Magistrate on the same day and if the compensation is paid and certified by the complainant and his counsel that can be taken as sufficient compliance of payment of compensation. N.K. BALAKRISHNAN, JUDGE smvd