In a criminal revision petition, the Kerala High Court granted sanction to compound compoundable offences after the petitioners settled the matter out of court with the injured parties. The court allowed the petitioners to be acquitted and set them at liberty.
Sanction to compound offences was accorded; petitioners were acquitted and set at liberty.
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 P.S.GOPINATHAN
THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931
Crl.Rev.Pet.No. 2879 of 2009()
-----------------------------CRA.465/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.501/2003 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM
PETITIONERS/APPELLANTS/ACCUSED
BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU
RESPONDENT/RESPONDENT/COMPLAINANT
STATE OF KERALA REP.BY THE P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
PUBLIC PROSECUTOR: SRI HRITHWIK
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J.
Crl.R.P.No.2879 of 2009
Dated this the 17th day of December, 2009
ORDER
The Judicial Magistrate of the First Class-I, Kottayam in C.C.No.501 of 2003 convicted the revision petitioners for offences under Sections 323 and 325 read with section 34 I.P.C. and sentenced to simple imprisonment for six months and two years respectively. Though they preferred Criminal Appeal No.465 of 2006 before the Sessions Judge, Kottayam, they were unsuccessful. Now this revision petition.
Revision petition is disposed as above.
P.S.GOPINATHAN, JUDGE
skj.
1 issue framed by the court
Whether the petitioners are entitled to be set at liberty and acquitted after settling the matter out of court and obtaining sanction to compound the offences.
2 provisions across 2 enactments
Sreekumar
Anilkumar
Mohandas
State of Kerala
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
