IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.Rev.Pet.No. 137 of 2002() ------------------------------------------ CRA.131/1997 of ADDL.SESSIONS COURT, KOTTAYAM CC.595/1994 of JUDL.MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED ------------------------------------ 1. RAJAPPAN PILLAI, S/O.NARAYANA PILLAI, KULATHUMKAL (AKEETTU) VEEDU, VADAKARA KARA, VELLAVOOR VILLAGE. 2. RAMACHANDRAN NAIR, S/O.PRABHAKARAN NAIR, VELLACKAL VEEDU, VADAKARA, VELLAVOOR VILLAGE. BY ADVS. MR.P.VIJAYA BHANU MR.P.M.RAFIQ RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MP. NO.840/2002 IN CRRP. NO.137/2002 DISMISSED 19/11/2009 SD/- P.Q.BARKATH ALI, JUDGE TRUE COPY P.A. TO JUDGE tss P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.137 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 ORDER Revision petitioners are accused 2 and 3 in C.C.No.595/1994 of Judicial First Class Magistrate Court II, Kanjirappilly and appellants in Crl.Appeal No.131/1997 of Sessions Court, Kottayam. They were convicted under Section 324 and 326 read with Section 34 of IPC and sentenced to undergo rigorous imprisonment for two years under Section 324 of IPC and rigorous imprisonment for three years under Section 326 of IPC which is confirmed in appeal. The first accused was acquitted of the charges levelled against him which is confirmed in appeal. Now accused 2 and 3 have come up in revision challenging their conviction and sentence. 2. The allegation against the accused persons was that on January 25, 1994 at about 8.30 in the night while PWs 1 and 2 were proceeding along the foot path which lies towards the east adjoining the property of one Madhavan Nair situated at Vellavoor village, the accused persons beat PW1 with a wooden stick and caused the injuries Crl.R.P.No.137/02 Page numbers described in Ext.P2, the wound certificate. Thus the accused persons have committed the offences punishable under Section 324 and 326 read with Section 34 of IPC. 3. On appearance before the trial court, the accused persons pleaded not guilty to a charge under Section 324 and 326 read with Section 34 of IPC. PWs 1 to 7 were examined and Exts.P1 to P6 were marked on the side of the prosecution. When questioned under Section 313 of Cr.P.C. by the trial court, the accused persons pleaded innocence. On the side of the defence, Exts.D1 to D4 were marked. 4. The trial court on an appreciation of the evidence found the revision petitioners guilty of the offence punishable under Sections 324 and 326 read with Section 34 of IPC, convicted them thereunder and sentenced them as aforesaid. Now accused 2 and 3 have come up in revision challenging their conviction and sentence. 5. When the revision petition came up for hearing today , a joint petition was filed by defacto complainant and accused 2 and 3 seeking permission to compound the offence which was allowed by me. But on going through the records, it is seen that there is a charge Crl.R.P.No.137/02 Page numbers under Section 326 against the accused which cannot be compounded. But as the other offences are compounded by the parties, I feel that no useful purpose will be served by keeping this case pending as the offences under other Sections are compounded. Therefore, I feel that in the interests of justice, invoking Section 482 of Cr.P.C, I am inclined to allow the revision petition and set aside the conviction and sentence of the accused persons. In the result, revision petition is allowed. As the offence is compounded, the conviction and sentence of the revision petitioners rendered by the trial court which is confirmed in appeal are set aside and they are acquitted under Section 320 Cr.P.C. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.137/02 Page numbers