IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.Rev.Pet.No. 2430 of 2009 ------------------------------ CRA.430/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.971/2003 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVISION PETITIONERS/APPELLANTS/ACCUSED NO.1 TO 5 ---------------------------------------------------------------------- 1. MANJU THOMAS, S/O.THOMAS MATHEW, PARATHARA HOUSE, MADAPPALLY. 2. LIJUMON.K.D., S/O.BABY DEVASIA, KOYIPALLICHIRA HOUSE, VAZHAPPALLY. 3. MAHESH, S/O.MANOHARAN, THARAMBARAL HOUSE, PARAL KARA, VAZHAPPALLY. 4. MARTIN THOMAS, S/O.THOMAS MATHEW, PARATHARA HOUSE, PARAL, VAZHAPPALLY. 5. SURAJ, S/O.SUKUMARAN, PANTHALITTA PARAMBIL, PARAL, VAZHAPPALLY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBIN SEBASTIAN,S/O.SEBASTIAN, MARATTUKALAM HOUSE,VAZHAPPALLY,CHENGANACHERRY. IMPLEADED AS ADDL.2ND RESPONDENT AS PER ORDER IN CRMA.7180/09 IN CRMA.7335.2009 IN CRRP.2430/09 DATED 29/07/2009. SRI.GEORGE SEBASTIAN FOR R6 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2430 of 2009 --------------------------------------- Dated this 31st day of July 2009 ORDER Heard counsel for petitioner and public prosecutor. 2. This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), Kottayam in criminal appeal No.430 of 2006 confirming conviction of petitioners for offences punishable under sections 143, 147, 341, 323 and 447 r/w 149 of Indian Penal Code (for short, “the Code”) but modifying the sentence. Case is that on 20-04-2003 at about 8.30 p.m petitioners formed unlawful assembly, trespassed into the property of PW1 (petitioner No.6 in C.M.A.No.7450 of 2009), wrongfully restrained and voluntarily caused hurt to him. 2. Petitioners and PW1 have settled the dispute outside court and filed C.M.A.No.7450 of 2009 seeking permission to compound the offence. It is seen from the petition that composition is voluntarily. There is no reason why permission should not be granted so far as the application concerned offences punishable under sections 341, 323 and 447 of the Code. Accordingly, C.M.A.No.7450 of 2009 is allowed to the it extent concerned the said offence. 3. The composition is accepted to the extent it concerned offences punishable under sections 341, 323 and 447 of the Code and that will have effect of acquittal of petitioners of those offences under Crl.R.P.No.2430 of 2009 2 section 320(8) of the Code. So far as the offences under sections 143 and 147 of the Code are concerned, on going through the judgment under challenge there is no reason to interfere with the conviction and sentence of petitioners (in the criminal revision) for the said offences. Revision is disposed of as accordingly. THOMAS P JOSEPH, JUDGE Sbna/