Ouseph v. State
Case brief
What is this about?
The High Court acquitted two accused persons of offences under Sections 324 and 326 IPC respectively, following their applications for composition of the offence. Legal heirs of the deceased complainant settled the matter out of court and consented to the acquittal.
What did the court decide?
Petitioner No. 1 acquitted of Section 324 IPC. Petitioner No. 2 acquitted of Section 326 IPC. Applications for composition of offence allowed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER
THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930
Crl.Rev.Pet.No. 978 of 2001()
----------------------------CRA.177/1995 of ADDL.SESSIONS COURT, KOTTAYAM CC.196/1991 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
REVN. PETITIONERS/ACCUSED/APPELLANTS:
- OUSEPH @ PONNAN S/O. PATHROSE, PAKKUKALA VEEDU, ERAVINALLOOR KARA, PUTHUPPALLY.
- VARGHESE @ MANI, S/O. PATHROSE, PAKKUKALA VEEDU, ERAVINALLOOR KARA, PUTHUPPALLY.
BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.V.K.SUNIL
RESPONDENT/COMPLAINANT/RESPONDENT:
Issues for consideration
2 issues framed by the court
Whether the High Court can exercise its powers under Section 482 CrPC to acquit the accused upon a post-conviction composition and settlement.
Whether the legal heirs of the deceased complainant can compound offences under Sections 324 and 326 IPC after the conviction, if they appear and consent to the composition.
Parties & counsel
- appellant
Ouseph @ Ponnan
- appellant
Varghese @ Mani
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court