Petitioner convicted under Section 325 IPC challenged sentence. Court granted petition by victim to compound offence under Section 320(2) CrPC due to settlement.
Permission granted to compound the offence under Section 320(2) CrPC.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.Rev.Pet.No. 1726 of 2002() -----------------------------CRA.162/1998 of ADDL. SESSIONS COURT (ADHOC-I), THODUPUZHA CC.122/1995 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI ....................
REVN. PETITIONER(S): APPELLANT/ACCUSED
-------------------------------------THANKAMMA, AGED 82 YEARS, W/O. KALUKURUMBAN, PALLIPARAMBIL VEEDU, MANAMKALA BHAGAM, ADIMALI KARA, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.BABU GEORGE SRI.S.JIJI SRI.PADAYATTE YELDO RESPONDENT(S): COMPLAINANT --------------------------
STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.A.SALIM
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR,J.
CRL.R.P.NO.1726 OF 2002 --------------------------------------------- Dated 7th July, 2010
O R D E R
Revision petitioner was convicted
and sentenced for the offence under Sections 326 and 324 of Indian Penal Code by Judicial First Class Magistrate, Adimaly in C.C.122/1995. Petitioner challenged the conviction and sentence before Sessions court in Crl.A.162/1998. Learned Additional Sessions Judge on re-appreciation of evidence found that offence committed by the petitioner is not under Sections 326 and 324 but only under Section 325 of Indian Penal Code and conviction was
altered to under Section 325 of Indian
Penal Code and petitioner was sentenced to
rigorous imprisonment for six months and
CRRP 1726/02
2
fine of Rs.3,000/- and in default simple
imprisonment for three months. Revision is filed challenging the conviction and sentence.
injured de facto complainant who was examined before the learned Magistrate as PW1, filed Crl.M.A.3223/2010, a petition under Sub Section (2) of Section 320 of Code of Criminal
Procedure for permission to compound the offence stating that entire disputes were settled between the injured PW1 and petitioner accused and consequent to the settlement, permission was sought to compound the offence.
CRRP 1726/02
3
under Sub Section (2) of Section 320 of Code of Criminal Procedure to compound the offence, permission is granted to compound the offence. Offence is compounded.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether permission to compound the offence under Section 320(2) CrPC should be granted when the injured party has filed a petition for settlement.
Whether the Rajasthan High Court's ruling on compoundable offences applies analogously.
2 provisions across 2 enactments
THANKAMMA
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
