IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 CRL.A.No. 752 of 2009() ----------------------- SC.287/2005 OF THE ADDITIONAL SESSIONS JUDGE (ADHOC-II), ERNAKULAM .................... APPELLANT(S): ACCUSED --------------------- FRANCIS, S/O.ETTIYACHAN, VARAPUZHAKKARAN VEEDU, NEELESWARAM KARA, KALADY VILLAGE. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALADY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. GEORGE, S/O.PAPPU, IDATHALA HOUSE, NEELESWARAM KARA, KALADY VILLAGE, ERNAKULAM PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN SRI.T.K.SHAJAHAN FOR ADDL.R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------- Crl.A.No.752 of 2009 ------------------------------- Dated this the 8th day of February, 2010 JUDGMENT This appeal is preferred by the accused who is found guilty under Section 324 of IPC and accordingly, the trial court sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- and in default of fine, he is further directed to undergo simple imprisonment for one month. It is the above conviction and sentence of the court of the Additional Sessions Judge (Adhoc-II), Ernakulam in SC No.287/2005 are under challenge. 2. Today this court by a separate order in Crl.M.A.1115/2010 allowed the defacto complainant and the appellant/accused to compound the offence. In the light of the above order allowing the parties to compound the offence, I am of the view that this appeal can be disposed of. 3. In the result this Crl.Appeal is allowed, setting aside the judgment dated 4.4.2009 of Additional Sessions Judge (Adhoc-II), Ernakulam in SC No.287/2005 of the court by which the appellant is convicted and sentenced under Section 324 of IPC. Accordingly, the appellant/accused is acquitted. V.K.Mohanan, Judge