IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.Rev.Pet.No. 913 of 2007() ----------------------------- CRA.485/2003 of ADDL.SESSIONS COURT-III, KOZHIKODE CC.534/1998 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER(S)/APPELLANTS/ACCUSED 1 TO 4: ----------------------------------------------- 1. SHAIJU, S/O. AYYAPPAN, AGED 30 YEARS, KUNNATTUMMETHAL HOUSE, ERAVANNUR AMSOM, KOZHIKODE TALUK. 2. KARIYATTUMMAL MANOJ, S/O.NELLANKUTTY, AGED 31 YEARS, ERAVANNUR AMSOM, PULLALUR DESOM, KOZHIKODE TALUK. 3. KARIYATTUMMEL MANI, S/O. RAYANKUTTY, AGED 33 YEARS, ERAVANNUR AMSOM, KOZHIKODE TALUK. 4. KARIYATTUMMEL MURALEEDHARAN, S/O. MADHAVAN, AGED 31 YEARS, ERAVANNUR AMSOM, KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENT/COMPLAINANT AND STATE: ------------------------------------------------ STATE OF KERALA, REPRESENTING S.I. OF POLICE,KAKKUR POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR C.M.NAZAR SRI.SAJEEVAN KURUKKUTTIYULLATHIL FOR DEFACTO COMPLAI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.913 OF 2007 ------------------------------------------ Dated 20th January 2009 O R D E R Revision petitioners are accused 1 to 4 in C.C.534/1998 on the file of Judicial First Class Magistrate-III, Kozhikode. Charge against them was that they committed offences under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of Indian Penal Code. Petitioners pleaded not guilty. Learned Magistrate on the evidence acquitted revision petitioners for the offence under Sections 143, 147, 148 and 149 of Indian Penal Code and convicted them only for the offences under Sections 341, 323 and 324 of Indian Penal Code. Fifth accused was acquitted of all the offences. Accused 1 to 4 challenged the conviction before Sessions court, Kozhikode in Crl.A.485/2003. Learned Additional Sessions Judge confirmed the conviction and sentence holding that revision petitioners wrongfully restrained PW2 and voluntarily caused hurt with dangerous weapon. Revision is filed challenging the conviction and CRRP 913/07 2 sentence. 2. Defacto complainant, the injured PW2 Udayan who was wrongfully restrained and to whom hurt with dangerous weapon was caused along with revision petitioners filed Crl.M.A.No.736/2009 under Section 320 of Code of Criminal Procedure for permission to compound the offence stating that they have amicably settled the dispute out of court. Counsel who filed vakalath for the injured PW2 also signed in the petition. 3. Offence under Section 323 of Indian Penal Code is compoundable under Sub Section (1) of Section 320 of Indian Penal Code and permission of the court is not necessary and the offence is compoundable by the person to whom hurt was caused. Similarly, offence under Section 341 is compoundable by the person who was restrained or confined, as provided under Sub Section (1) of Section 320. Offence under Section 324 of Indian Penal Code is compoundable by the person to whom hurt is caused as provided under Sub Section (2) of Section 320 of Code of Criminal Procedure because Section 28 of amended Act 25 of 2005, deleting Section 324 from Sub Section (2) of Section 320 of Code of Criminal CRRP 913/07 3 Procedure has not come into force. Permission is therefore granted to compound the offence. The offences are compounded. M.SASIDHARAN NAMBIAR, JUDGE. uj.