IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.Rev.Pet.No. 702 of 2008() ----------------------------- CRA.628/2005 of ADDL.SESSIONS FAST TRACK COURT (ADHOC)-III, TRIVANDRUM CC.761/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... REVN. PETITIONER: APPELLANTS/ACCUSED 1. RAJENDRAN NAIR, S/O.BHASKARAN NAIR, CHANDRIKA VILASOM VEEDU, PANDARAKONAM, NAGACHERY, ANAND. 2. PADMAKUMAR, S/O.BHASKARA PILLAI, AKHIL BHAVAN, PANKODE, ANAD. 3. SOMAN NAIR, S/O.KUTTAN PILLAI, SAKUNTHALALAYAM VEEDU, PANDARAKONAM, ANAD VILLAGE. 4. GOPALAKRISHNAN NAIR, S/O.VASUDEVAN NAIR, GOKUL NIVAS, ANAD VILLAGE. 5. REJI KUMAR, S/O.RAVEENDRAN NAIR, CHANDRIKA VILASOM, ANAD VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR SRI.D.MURALEEDHARAN SRI.P.V.ELIAS THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 702 of 2008 ========================== Dated this the 7th day of March, 2008. ORDER The petitioners, 5 in number, stand concurrently convicted for offences punishable under Sections 143, 147, 148 and 324 r/w Section 149 IPC. They are challenging the judgments of conviction by the courts below. 2. Pending this revision, the parties have settled the matter and Crl.M.A. No. 2240/2008 has been filed by the petitioners and the de facto complainant, the injured, stating that the matter has been compounded and praying for recording the composition. Except the offence punishable under Section 324 IPC, the other offences are not compoundable. Hence, the composition so far as it relates to Section 324 IPC is recorded and it will have the effect of acquitting the accused of the offence punishable under Section 324 IPC in view of Section 320(8) Cr.P.C. 3. What now survives for consideration is as to whether the conviction under Sections 143, 147, 148 and 149 IPC can be sustained. The unlawful assembly was allegedly formed for CRL.R.P. NO. 702/2008 : 2: committing the offence punishable under Section 324 IPC. When once the offence punishable under Section 324 IPC is permitted to be compounded and the accused are acquitted of the said offence, there cannot be any unlawful assembly having a common object of committing the offence punishable under Section 324 IPC. Hence, the offences punishable under Sections 143, 147, 148 and 149 IPC also cannot be sustained and the petitioners are accordingly acquitted of the said offences as well. The judgments under revision will stand set aside. This Crl.R.P is allowed as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 702/2008 : 3: