IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.Rev.Pet.No. 933 of 2011() ----------------------------- CRA.217/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.1487/2001 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- BABUKUTTAN NAIR, AGED 33 YEARS, S/O.KRISHNAN NAIR, KOORAVALIL HOUSE, ITTHITHANAM, KURICHI, KOTTAYAM DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, CHINGAVANAM. ADDL.R3 IMPLEADED: RAJAN, S/O. KRISHNANKUTTY, MITHRAMKUNNU, AYATHIPARAMBU VEETIL, MALAMKUNNU KARA, KURICHI VILLAGE, KURICHI VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. (IMPLEADED AS PER ORDER DT.30.3.2011 IN CRL.M.A.NO.3019/11) R1 & R2 BY P.P. SRI V. TEK CHAND. ALL.R3 BY ADV. SRI.P.U.ZIYAD THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No.933 of 2011 --------------------------------------------- Dated this the 31st day of March, 2011 OR D E R This Crl.R.P. is preferred by the sole accused in C.C No.1487 of 2001 on the file of the Judicial First Class Magistrate, Changanacherry, challenging his conviction and sentence under sections 427, 452 and 324 of the Indian Penal code. 2. The prosecution allegation against the revision petitioner is that at about 5 a.m. on 23.9.2001, the accused committed trespass into the house of PW1 and voluntarily caused hurt to PW2 by hitting with a granite stone. It is also the allegation that he had committed mischief of destroying the glass of one almirah by pelting stone and thereby caused loss of Rs.300/-. The above allegation is confirmed by the trial court as well as the appellate court and accordingly, he is convicted and sentenced. Crl.R.P.NO. 933 of 2011 :-2-: 3. During the pendency of the above Crl.R.P., the matter has been settled out of court. By a separate order of this Court in Crl.M.A.No.2919/2011, the parties are permitted to compound the offence and the composition of the said offences are recorded, especially in the light of the decision of this court in Thankamma v. State of Kerala (2006 (3) KLT, 846). As the matter has already been settled out of court, the petitioner is entitled to get an acquittal by virtue of Section 320 Cr.P.C. In the result, this Crl.R.P is allowed setting aside the judgment dated 7.3.2006 in C.C.No.1487/2001 of the Judicial First Class Magistrate, Changanacery and the judgment dated 14.8.2009 in Crl.A.No.217/2006 of the Addl.District and Sessions Judge, (Ad hoc)-II, Kottayam and acquitting the revision petitioner of all the offences charged against him in the above case and he is set at liberty. In the light of the order passed by this Court acquitting the revision petitioner/accused, he is entitled to get released Crl.R.P.NO. 933 of 2011 :-3-: from jail forthwith in case he is not required in any other case. Therefore, the Registry is directed to forward the gist of this order to the Jail authorities, District Jail, Kollam. V.K.MOHANAN, JUDGE kvm/-