IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Crl.Rev.Pet.No. 2166 of 2008() ------------------------------ CRA.313/2003 of II ADDL.SESSIONS COURT, KOLLAM CC.1536/2001 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- 1. GEORGE THOMAS, S/O GEORGE, JOB NIVS, NEAR NAITHUMUKKU, VILAKKUVATTOM MURI, VALACODE VILLAGE, 2. P.G. GOEORGE,S/O GEORGE, SAM NIVS, NEAR NAITHUMUKKU, VILAKKUVATTOM MURI, VALACODE VILLAGE BY ADV. SRI.T.R.ASWAS RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PUNALUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.T.K.AJITH KUMAR SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2166 of 2008 ========================== Dated this the 4th day of July, 2008. ORDER The revision petitioners, who stand concurrently convicted and sentenced by the Judicial First Class Magistrate-III, Punalur and II Additional Sessions Court, Kollam for offences punishable under Sections 341 and 353 IPC, challenge the conviction entered and the sentence passed against them. 2. Pending this revision, the petitioners claim to have settled the matter with the de facto complainant. In view of the willingness expressed by the de facto complainant PW1, the offence under Section 341 IPC is permitted to be compounded and it will have the effect of an acquittal of the revision petitioners of the said offence in view of Section 320(8) Cr.P.C. With regard to the offence under Section 353 IPC, the same cannot be permitted to be compounded as it is a non compoundable offence. However, having regard to the facts and circumstances of the case, the sentence imposed under Section 353 IPC is altered to one of fine. Each of the revision petitioners CRL.R.P. NO. 2166/2008 : 2: is, accordingly, sentenced to pay a fine of Rs.1000/- (Rupees one thousand only) and on default to pay the fine, to suffer simple imprisonment for one month. The fine amount shall be deposited before the trial court within one month from today. This Crl.R.P. is disposed of as above. Dated this the 4th day of July, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 2166/2008 : 3: