IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.Rev.Pet.No. 1120 of 2009() ------------------------------ CRA.357/2000 ON THE FILE OF COURT OF ADDL. SESSIONS JUDGE FAST TRACK (ADHOC) NO.II, THIRUVANANTHAPURAM. CC.261/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED 3 TO 9:- --------------------- 1. AJI @ KODAMPOLLI AJI, S/O.KRISHNAN KUTTY, CHARUVILA VEEDU, AP.II/169, KUZHIVILLA, AZHOOR VILLAGE, 2. VIKARAMAN, S/O.OMAL, KATTIL CHARUVILA VEEDU, AP.II/173, AZHOOR, AZHOOR VILLAGE, 3. PUSHPON, S/O.GOPI, KATTIL CHARUVILA VEEDU, AP-11/158, AZHOOR, AZHOOR VILLAGE. 4. KUNJUMON, S/O.CHANDRAN, KARIKKAKOMTHITTA VEEDU, AP.II/1793 AZHOOR, AZHOOR VILLAGE 5. LALU S/O.MADAN MANIYAN VAYALITHITTA VFEEDU, NEAR AZHOOR SCHOOL AZHOOR VILLAGE. 6. PRASANNAN, S/O.SOMAN, KATTIL CHDERUVILA VEEDU, AP.11/167, AZHOOR VILLAGE. 7. JAYAN @ KUNJUKKIL, S/O.VASUDEVAN VAYALIL THITTA VEEDU, AP.11/920, NEAR AZHOOR KADAVU, DO VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED SRI.G.VENUGOPAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SUB- INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COUT OF KERALA, ERNAKULAM. 2. RWEMADEVI, D/O.KALYANI, KALYANI BHAVAN CHARUVILA, NEAR HIGH SCHOOL, AZHOOR, AZHOOR VILLAGE (DE FACTO COMPLAINANT) PUBLIC PROSECUTOR SRI. JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1120 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of March, 2009 O R D E R Revision petitioners who were accused Nos. 3 to 9 in C.C. No.261/1997 on the file of Judicial First Class Magistrate Court-I, Attingal, were convicted concurrently by the courts below for offences punishable under sections 143, 147, 447, 427 read with section 149 IPC. In this revision the revision petitioners assail the conviction entered and sentence passed against them. 2. Pending this revision de facto complainant who was examined as PW2 before the trial court has filed Annexure-A affidavit to the effect that the matter has been settled between the revision petitioners and the de facto complainant and that she has no subsisting grievance in the matter. Learned counsel for the de facto complainant also submitted that the matter has been settled. 3. The aforesaid settlement can only relate to offences under sections 447 and 427 IPC, since the rest of the offences are non-compoundable. I, therefore, accept the composition of the offences punishable under sections 447 and 427 IPC. This will have the effect of an acquittal of the revision petitioners of Crl.R.P. 1120/2009 -2- those offences, in view of Sec. 320(8) Cr.P.C. 4. Since the revision petitioners have been acquitted of the offences under sections 447 and 427 IPC, it cannot be said that any of them was a member of an unlawful assembly with the common object of committing offences punishable under sections 447 and 427 IPC. If that be so, the conclusion arrived at by the court below to the effect that revision petitioners and others formed themselves into an unlawful assembly is not sustainable. Accordingly, the conviction entered and sentence passed against the revision petitioners under sections 143, 147 and 149 IPC are also dislodged. 5. In the result, the revision petition is allowed and the revision petitioners are acquitted of all the offences. They are set at liberty. V. RAMKUMAR, JUDGE. mn.