Allowed

Biju, S/O.Rappai, v. the State of Kerala

Kerala HC7 Mar 2023CRL.A/211/2006

Case brief

AI extract

What is this about?

Appeal against conviction and sentence dismissed due to a valid mediation settlement. The court set aside the conviction and acquitted appellants upon compromise in compoundable offences under IPC. Bail bonds were cancelled.

What did the court decide?

The impugned judgment of conviction and sentence set aside; Criminal Appeal disposed of in terms of compromise; bail bonds cancelled.

Biju, S/O.Rappai, Vs the State of Kerala — Civil Procedure and Limitation | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944

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CRL.A NO. 211 OF 2006

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JUDGMENT DATED 28.12.05 IN SC 429/2005 OF ADDITIONAL SESSIONS COURT (ADHOC)FAST TRACK COURT NO.I, THRISSUR CP 14/2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD APPELLANTS:

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1 BIJU, S/O.RAPPAI, CHIRIYAMKANDATH HOUSE, KALATHU LAKSHAM VEEDU COLONY, MANAPADY,, PARAVATTY, THIRUSSUR DISTRICT.

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2 BENNY, S/O.THOMAS, THONNIKKAL HOUSE, KALATHU LAKSHAM VEEDU COLONY,MANAPADY,, PAVARATTY, THIRUSSUR DISTRICT.

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3 SHAJI ,S/O. HAMSA, PULLICHARAMVEETTIL HOUSE, KALATHU LAKSHAM VEEDU COLONY, MANAPADY, PAVARATTY, THRISSUR DISTRICT.

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4 JIJO, S/O.YACOB, NEELAMKKAVIL HOUSE, KALATHU LAKSHAM VEEDU COLONY, MANAPADY, PAVARATTY, THIRSSUR DISTRICT.

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BY ADVS.S.RAJEEV N.K.UNNIKRISHNAN

RESPONDENTS:

Crl.A.No.211/2006

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1 THE STATE OF KERALA THROUGH THE HOUSE OFFICER, PAVARATTY POLICE STATION, (CRIME NO.372/02) REPRESENTED BY THE PUBLIC, PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 ROBY @ ROBIN V.M S/O. MATHEW, RESIDING AT VADAKKAT HOUSE, P.O. PAVARATTY, THRISSUR DISTRICT. * IMPLEADED AS PER ORER DATED 03.07.2013 IN CRL.M.A. 4808/13.

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BY ADVS. Smt. S. REKHA, SR. PP P.M.RAFIQ M.REVIKRISHNAN P.VIJAYA BHANU (SR.)

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.A.No.211/2006

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J U D G M E N T

Dated this the 7^th day of March, 2023

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This appeal has been filed challenging the conviction and sentence in S.C.No.429/2005 on the files of the III Additional Sessions Court (Adhoc) Fast Track Court-I, Thrissur (for short 'the court below').

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The appellants are the accused. The 2^nd respondent is the defacto complainant. The appellants were convicted and sentenced for the offences punishable under Sections 323, 341 and 324 of the IPC.

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During the pendency of the above appeal, the matter was referred for mediation. In the mediation, the matter was settled between the appellants and the 2^nd respondent. The mediation agreement has been placed on record. I went through it. It is lawful. The 2^nd respondent agreed that he has no further grievance against the appellants. He further agreed that he has no objection in allowing the Criminal Appeal and acquitting the

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Crl.A.No.211/2006

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appellants. All the offences are compoundable in nature. Hence, the mediation agreement is accepted.

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Accordingly, the impugned judgment of conviction and sentence is set aside. The Criminal Appeal is disposed of in terms of the compromise. The bail bonds executed by the

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appellants are cancelled.

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Sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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Biju, S/O.Rappai, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Biju, S/O.Rappai, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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