High Court of Kerala allowed a criminal revision by admitting composition of the offence under section 320 Cr.P.C. between the accused and victim, resulting in an acquittal.
Permission granted under sections 320(2) and 320(6) Cr.P.C. to record composition; composition accepted as effecting acquittal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 18TH SEPTEMBER 2007 / 27TH BHADRA 1929
Crl.Rev.Pet.No. 384 of 2005()
----------------------------CRA.170/1999 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA CC.60/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR
REVN. PETITIONER: APPELLANT/ACCUSED
BHASKARAN, S/O.SANKARAN, KUTTIPPALAVILAYIL VEEDU, KURMPALA, VADAKKU MURI, KURAMPALA VILLAGE ADOOR TALUK.
BY ADV. SRI.SIBY MATHEW
SRI.PHILIP J.VETTICKATTU
RESPONDENTS: RESPONDENT/COMPLAINAT
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.K.SUNIL KUMAR PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl. R.P. No. 384 OF 2005 C ````````````````````````````````````````````````````
Dated this the 18th day of September, 2007
O R D E R
The revision petitioner stands concurrently convicted for an offence punishable under section 354 IPC. During the pendency of this revision, he has compounded the offence with the victim defacto complainant(PW1). Crl.M.A.No.9719/07 is a petition filed under sub sections 2 and 6 of section 320 Cr.P.C. stating that both the revision petitioner as well as PW1 have compounded the offence and seeking permission to record the composition. The said petition is a joint petition filed by the revision petitioner as well as PW1 and also by their respective advocates. Permission is granted and the composition is accepted and this will have the effect of an acquittal within the meaning of section 320(8) Cr.P.C.
This revision is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks
1 issue framed by the court
Whether permission to record composition is granted when the offence and parties have compounded de facto during pendency of revision.
1 provisions across 1 enactments
Bhaskaran
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
