IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 CRL.REV.PET.NO. 457 OF 2001() --------------------------------------- CC.115/1993 OF JUDICIAL FIRST CLASS MAGISTRATE , PATTAMBI CRA.48/1995 OF I ADDL. SESSIONS COURT, PALAKKAD .................... REVN. PETITIONER(S) - ACCUSED - APPELLANT: ------------------------------------------------------------ GOPALAKRISHNAN ALIAS UNNI, SON OF MAKKU, CHENGAYATHODI VEEDU, PAZHAVANGADI, PARUTHUR, OTTPAALAM TALUK, PALAKKAD DISTRICT. BY ADV. SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SRI.ANISH S.AMBADY SMT.BIJIMOL JOSE RESPONDENT(S) - COMPLAINANT - RESPONDENT - STATE: ------------------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, PATTAMBI, PALAKKAD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K. ADV. SRI.N.K.SUBRAMANIAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL.R.P. No.457 of 2001 = = = = = = = = = = = = = == = = = = = = = = = = = Dated this the 10th day of December, 2008 O R D E R -------------- Revision petitioner along with 10 others faced trial in C.C.No.115 of 196 of the Court of Judicial First Class Magistrate, Pattambi for offences punishable under Sections 143, 147, 148, 341 and 324 read with 149 of the Indian Penal Code (for short, “IPC”). Case is that on 9.12.1992 at about 1.00 p.m. they, along with the absconding third accused (case against him was split up) formed into an unlawful assembly, committed rioting armed with deadly weapons, wrongly restrained and caused hurt to P.W.1. According to the prosecution 7th accused wrongly restrained P.W.1 while the first accused inflicted stab injury with M.O.1, knife. Learned magistrate while acquitting Accused Nos.2 and 4 to 11 of all the charge levelled against them, convicted the first accused/revision petitioner for offence punishable under Section 324 IPC and sentenced him to undergo simple imprisonment for six months. First accused was acquitted of other charges against him. First accused filed appeal challenging the conviction and sentence for offence punishable under Section 324 IPC but it was dismissed. Hence this revision. CRL. R.P. No.457 of 2001 -: 2 :- 2. Heard both sides. 3. P.W.1, injured filed C.M.P. No.2132 of 2001 reporting settlement and seeking permission to compound the offence. That application is heard along with the revision petition. Point for consideration is whether composition can be accepted? 4. Perused relevant records. 5. Revision petitioner/fist accused having found guilty of the offence under Section 324 IPC and acquitted of all other charges the question is whether permission to compound the offence can be granted. As per prosecution case and evidence, revision petitioner is stated to have voluntarily caused hurt to P.W.1 by stabbing with knife. Offence under Section 324 IPC continues to be compoundable even now and at any rate, compoundability of that offence must be decided with reference to the date of commission of the offence (9.12.1992). It is stated in C.M.P.No.2132 of 2001 that revision petitioner and P.W.1 have settled the case at the intervention of well wishers. Going by the averments in the petition, the composition is voluntary. In the circumstances, I find no reason to refuse permission sought for. Hence C.M.P. No.2132 of 2001 is allowed. 6. Resultantly, this revision petition is allowed. The CRL. R.P. No.457 of 2001 -: 3 :- composition of the offence entered between the revision petitioner and P.W.1 is accepted and that shall have the effect of acquittal of revision petitioner of the charge under Section 324 IPC, under Section 320(8) of the Code of Criminal Procedure. Bail bond shall stand cancelled. Criminal Miscellaneous Petition No.2133 of 2001 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== CRL.R.P. NO.457 OF 2001 =================== O R D E R 10TH DECEMBER, 2008