IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 289 of 2006(A)
1. THOMAS P. JOHN, PROPRIETOR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. M/S. HARRISONS MALAYALAM LIMITED,
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/12/2008
O R D E R
M.N. KRISHNAN, J
-----------------------
CRL.R.P.No. 289 OF 2006
---------------------------------
Dated this the 19th day of December, 2008
O R D E R
This Revision is preferred against the judgment in Criminal
Appeal No. 1116/2004 of the Sessions Judge, Ernakulam. The said
appeal was preferred against the conviction and sentence passed by
the Judicial First Class Magistrate-I, Ernakulam in C.C. No.
1486/2000. The trial court found the accused guilty and directed
him to undergo Simple Imprisonment for a period of one month and
to pay Rs. 2,43,472/- as compensation under Section 357(3) of
Criminal Procedure Code. The appellate court modified the
sentence to imprisonment till the rising of the court and to pay
compensation of Rs. 1,25,000/- and in default to undergo Simple
Imprisonment for three months. By virtue of my order in
Crl.M.Appl. No. 12633/08, the matter has been compounded and
therefore it necessitates to set aside the conviction and sentence
entered into by the courts below. Therefore the conviction and
sentence passed by the courts below are set aside. Recording of a
compromise will have the effect of an acquittal under Section 320
(8) of the Criminal Procedure Code.
Crl.R.P.No. 289/2006
-2-
Therefore the accused is acquitted and set at liberty. Since
the matter is already compounded, the amount of Rs. 30,000/-
deposited by the revision petitioner before the trial court shall be
returned to him on appropriate application.
The Crl. R.P. is disposed of accordingly.
M.N. KRISHNAN,JUDGE
vkm