IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3910 of 2008() -------------------------------------------- CRA.NO.460/07 OF ADDL.SESSIONS COURT, FACT TRACK COURT II, ALAPPUZHA C.C.NO.493/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS I, ALAPPUZHA. ...................... REVISION PETITIONER(S): APPELLANT:ACCUSED NO.1: ------------------------------------------------------------------------------------ SHIJIMON, AGED 28 YEARS, S/O.THANKAPPAN, ARUPATHIL CHIRA VEEDU, PALLATHURUTHY WARD, ALAPPUZHA. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENT(S): RESPONDENT:COMPLAINANT: -------------------------------------------------------------------------- STATE OF KERALA, REPREPSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3910 OF 2008 ------------------------------------------ Dated this the 2nd day of December, 2008 O R D E R Revision petitioner was convicted and sentenced for the offence under section 324 of Indian Penal Code in C.C.493 of 2003 on the file of Judicial First Class Magistrate-I, Alappuzha as confirmed in Crl. Appeal 460 of 2007 on the file of Additional Sessions Judge, Alappuzha. Petitioner/first accused was convicted finding that he voluntarily caused hurt to PWs 1 and 2 with a dangerous weapon. 2. Along with revision, revision petitioner filed Crl.M.A.11940 of 2008, an application under section 320 of Code of Criminal Procedure for permission to compound the offence. Though an offence under section 324 of IPC is now not compoundable in view of Central Act 25 of 2005, section 28 (a) by which section 324 was omitted from the list of compoundable offences, has not come into effect. In such circumstances offence under section 324 of IPC is compoundable. Hence Crl.M.A.11940 of 2008 is allowed. Permission is granted to compound the offence. Offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE Okb/-