The High Court allowed the criminal revision petition and quashed the conviction and sentence under Sections 341 and 324 of IPC after offences were compounded via a compromise between parties.
Offences under Sections 341 and 324 IPC compounded; conviction and sentence set aside; appellants acquitted and set at liberty; bail bonds cancelled.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 13TH DAY OF MARCH 2014/22ND PHALGUNA, 1935
Crl.Rev.Pet.No. 1599 of 2010 ( )
CRL.APPEAL NO.756/2007 of 1 ADDL. SESSIONS JUDGE, THRISSUR.
CC 689/2004 of J.M.F.C., CHALAKUDY
REVISION PETITIONER(S)/APPELLANTS/ACCUSED NO.1 & 2::
PYNADATH HOUSE, MUKUNDAPURAM TALUK, KUTTICHIRA VILLAGE
PULINKARA DESOM, THRISSUR DISTRICT.
MUKUNDAPURAM TALUK, KUTTICHIRA VILLAGE
PULINKARA DESOM, THRISSUR DISTRICT.
BY ADVS.SRI.M.N.MANOJ
SRI.V.C.VALSAN
RESPONDENT/RESPONDENT/ COMPLAINANT & STATE :
ADDL. R2 AND R3 IMPLEADED :
(FORMER MUKUNDAPURAM TALUK), KUTTICHIRA P.O. THRISSUR DIST. 680 724.
(ADDL.R2 & R3 ARE IMPLEADED AS PER ORDER DT. 4.3.2014 IN CRL.M.A.NO.1478/2014)
ADDL.R2 ,R3 BY ADV. SRI.C.V.MILTON PUBLIC PROSECUTOR SMT.P.MAYA (R1)
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13-03-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L.JOSEPH FRANCIS, J.
Crl.R.P. No.1599 of 2010
----------------------------------------------Dated 13th March, 2014
O R D E R
Revision petitioners are accused Nos.1 and 2 in C.C.No.689 of 2004 on the file of the Judicial First Class Magistrate, Chalakudy. The offences alleged against the petitioners are punishable under Sections 341,324 and 325 read with Section 34 of the Indian Penal Code. Originally, there were three accused persons and the trial court acquitted the third accused after trial by holding that he is not guilty.
at Pulinkara Ayurveda Hospital Junction, the accused persons attacked PW2 Benny by fisting and kicking and thereby he sustained fracture on his left shoulder and it is further alleged that on that day itself, PW1 Toney, the brother of Benny was also attacked by the accused persons at the very same spot, when he reached at the spot on hearing about the above incident and to enquire about the same. It is further alleged that the accused persons attacked Toney by using a stone and as a result, he sustained head injury.
Crl.R.P.No.1599/10
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1,000/- each, in default to undergo simple imprisonment for two months each. The first accused was convicted under Section 324 of the I.P.C. and he was sentenced to undergo simple imprisonment for one year and to pay fine of 1,000/- in default to undergo simple imprisonment for one month. Crl. Appeal No.756 of 2007 filed before the I Additional Sessions Court, Thrissur was dismissed. Against that judgment, the appellants/accused Nos.1 and 2 filed this Criminal Revision Petition.Crl.R.P.No.1599/10
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court. Since the matter is amicably settled between the parties, Crl.M.A.No.1479/14 is allowed and permission is granted to compound the offences under Sections 341 and 324 of the I.P.C.
Accordingly, this Crl. Revision Petition is allowed. The offences under Sections 341 and 324 of the I.P.C. in C.C.No.689 of 2004 on the file of the Judicial First Class Magistrate, Chalakudy are compounded and the conviction and sentence of accused Nos.1 and 2 under Section 341 I.P.C. is set aside. The conviction and sentence of the first accused under Section 324 I.P.C. is also set aside. Both the accused are acquitted under Section 320(8) of the Cr.P.C. and set at liberty. Their bail bonds are cancelled.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether offences under Sections 341 and 324 of IPC can be compounded after conviction and sentence upon settlement.
Whether the conviction and sentence of the appellants should be set aside upon compounding.
3 provisions across 2 enactments
Pauly
Joy
State of Kerala
Tomy
Benny
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court