IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.Rev.Pet.No. 758 of 2000() ------------------------------------------- CRA.206/1996 of Vth ADDL.SESSIONS COURT, ERNAKULAM CC.247/1994 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED : -------------------------------------------------------------- JOLLY, S/O. SEBASTIAN, PAVETH HOUSE, KUMBALAM DESOM, KUMBALAM VILLAGE, ERNAKULAM. BY ADV. SRI.C.S.MANU RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. *2. B.K. RAMESAN, S/O.KRISHNAN, BANGALWUNKAL HOUSE, KUMBALAM P.O., KOCHI- 682 506. ADV. SRI. AMJAD ALI, PUBLIC PROSECUTOR SMT.SUMEY CHANDRAN FOR R2 (*2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 5/5/2009 IN CRL. M.APPL. NO.3948/2009) THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 758 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of May, 2009 O R D E R Revision petitioner who was the accused in C.C. No.247/1994 on the file of the Chief Judicial Magistrate, Ernakulam for an offence punishable under Section 324 IPC challenges the conviction entered and the sentence passed against him concurrently by the courts below. 2. Pending this revision, the de facto complainant, who was the injured, has compounded the offence with the revision petitioner. They have filed a joint petition dated 7-4-2009 as Crl. M.A. No. 3947 of 2009 seeking permission to record the composition. Even though the offence punishable under Section 324 IPC is now not compoundable, since the occurrence in this case took place on 20-1- 1992 at a time when Section 324 IPC was a compoundable offence, I see no objection in accepting the composition. 3. In the above circumstances, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner for offence punishable under Section 324 IPC within the meaning of Sec. 320 (8) Cr.P.C. This Crl. R.P. is disposed of as above. V.RAMKUMAR, JUDGE. mn. V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=- Crl.R.P. No. 758 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=- O R D E R 5 th day of May, 2009