Allowed

K.Sabu v. N.S.Santhosh

Kerala HC4 Jun 2012Crl.Rev.Pet/1150/2012

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition. It set aside the conviction and sentence under Section 326 IPC and the modified conviction under Section 325 IPC, which had been altered on appeal, as the offence was compoundable and the complainant had volunteered to compound it.

What did the court decide?

The conviction and sentence passed in the impugned orders under Section 326 and Section 325 IPC were set aside; the bail bond, if any, was cancelled.

K.Sabu Vs N.S.Santhosh — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934

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Crl.Rev.Pet.No. 1150 of 2012 ()

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IN CRL.A.486/2006 of ADDL. SESSIONS JUDGE, THALASSERY AND IN CC.671/2001 of J.M.F.C., PAYYANNUR

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REVISION PETITIONER(S)/APPELLANT/ACCUSED:

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K.SABU

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S/O.CHERIYAN, KAVALATH HOUSE, ARIMBA, P.O.KADUMENI CHITTARUIKKAL, CHERUPUZHA.

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BY ADVS.SRI.P.V.KUNHIKRISHNAN

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SRI.P.V.ANOOP

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COMPLAINANT(S)/RESPONDENTS/COMPLAINANT:

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1. N.S.SANTHOSH

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S/O.SASIDHARAN, THIRUMENI, MANAKKAD - 670511

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2. STATE OF KERALA

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REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA

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ERNAKULAM – 682 031.

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BY ADV. SRI.HANSON.P.MATHEW

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BY PUBLIC PROSECUTOR SR. LISHA M.G.

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.T. RAVIKUMAR, J.

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CRL. R.P. No. 1150 of 2012

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Dated this the 4^th day of June, 2012

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ORDER

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Revision petitioner is the sole accused in C.C.No. 671/2011 on the file of Judicial First Class Magistrate Court, Payyannoor. Aggrieved by the conviction and sentence under Section 326 of the Indian Penal Code, the revision petitioner herein took up the matter in appeal as criminal appeal No. 486/2006. The appellate court set aside the conviction and sentence under Section 326 of the Indian Penal Code and altered the conviction under Section 325 of the Indian Penal Code. Accordingly, the sentence was modified and it was reduced to simple imprisonment for 3 months and to pay a fine of Rs.10,000/- (Rupees Ten thousand only) with default sentence with a period of 2 months. Taking into account of the fact that the conviction and sentence under Section 326 of the Indian Penal Code was altered by the appellate court to one under Section 325 of the IPC and that it is compoundable at the instance of the

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CRL. R.P. No. 1150 of 2012

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-2-

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person whom hurt was caused and also on being satisfied that the complainant herein had volunteered to compound the offence with the revision petitioner for sufficient and genuine reasons as stated in Crl. M.A. No. 3972/2012 the same was allowed earlier, as per order dated 30.05.2012.

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Now, the offence under Section 325 of the Indian Penal Code is compounded with the consent of the injured/the first respondent and with the permission of this court. In the said circumstances conviction and sentence passed against the revision petitioner as per judgment in C.C. No. 671/2001 dated 23.09.2006 of the learned Judicial

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First Class Magistrate Court, Payyannur and modified as mentioned above, as per judgment dated 31.01.2012 in Crl.A.No.486/2006 of the Additional Sessions Judge, (Adhoc-1), Thalassery are set aside. The bail bond, if any, will stand cancelled.

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Sd/-

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C.T. RAVIKUMAR, JUDGE /True copy/

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P. A. to Judge

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K.Sabu v. N.S.Santhosh

Case brief

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K.Sabu v. N.S.Santhosh

Case brief

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