In a criminal revision petition against a conviction under IPC 325/341/34, the High Court granted permission to compound the offences. It allowed the petition, set aside the conviction and sentence, and acquitted the petitioner under Section 320(8) CrPC.
Conviction and sentences set aside; petitioner acquitted under Section 320(8) CrPC.
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 K.ABRAHAM MATHEW
THURSDAY, THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
Crl.Rev.Pet.No. 941 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 373/2012 OF J.M.F.C.-II, PERINTHALMANNA
AGAINST THE ORDER/JUDGMENT IN CRA 118/2014 OF ADDL. SESSIONS COURT-II, MANJERI DATED 30-05-2018
CRIME NO. 119/2012 OF MANKADA POLICE STATION, MALAPPURAM
REVISION PETITIONER/S:
SHAFEEQ, AGED 30 YEARS, S/O ABDU HAJI, KOTTAMPULAM HOUSE, VALAMBUR P.O., MALAPPURAM DIST.
BY ADV. SRI.P.K.MOHAMED JAMEEL
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031
ADDL. YOUSAF, S/O HAMZA R2 AGED 37 YEARS, PARAPALLATH HOUSE, KALATHUR PO., MALAPPURAM DIST. - 679338.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.12.2018 IN CRL.M.A.3/2018.)
BY ADV. SRI.JINU JOSEPH
Crl.Rev.Pet.No. 941 of 2018
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OTHER PRESENT:
SRI. RAMESH CHAND, PP.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
In CC No. 373 of 2012 the Judicial First Class
Magistrate Court-II, Perinthalmanna convicted the petitioner of offences under Sections 325 & 341 r/w Section 34 of the Indian Penal Code. He was sentenced to undergo imprisonment for a
certain period and to pay fine. Crl. Appeal No. 118 of 2014 filed by him was allowed in part. Conviction for both the offences were upheld, but the sentence was modified. This is challenged in this Revision Petition.
Crl.Rev.Pet.No. 941 of 2018
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compound the offences. Permission was granted. Application has been filed to record compounding of the offences. I am satisfied that the offences have been compounded.
In the result, this Crl.R.P. is allowed. Conviction of the petitioner for the offences under Sections 325 & 341 IPC and the sentences imposed on him for the said offences are set aside. He is acquitted of the said offences under Section 320(8) Cr.P.C.
Sd/-
K.ABRAHAM MATHEW
JUDGE
Bka/17.12.2018
2 issues framed by the court
Whether the petitioner's conviction and sentence should be set aside after the offences are compounded.
Whether the petitions for compound the offences under sections 325 and 341 IPC was valid and granted.
2 provisions across 2 enactments
Shafeeq
State of Kerala
Addl. Yousaf
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
