Francis vs State Of Kerala on 8 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 752 of 2009()


1. FRANCIS, S/O.ETTIYACHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :08/02/2010

 O R D E R
                        V.K.MOHANAN, J.
                     -------------------------------
                      Crl.A.No.752 of 2009
                     -------------------------------
          Dated this the 8th day of February, 2010


                            JUDGMENT

This appeal is preferred by the accused who is found guilty

under Section 324 of IPC and accordingly, the trial court

sentenced him to undergo simple imprisonment for six months

and to pay a fine of Rs.5,000/- and in default of fine, he is further

directed to undergo simple imprisonment for one month. It is

the above conviction and sentence of the court of the Additional

Sessions Judge (Adhoc-II), Ernakulam in SC No.287/2005 are

under challenge.

2. Today this court by a separate order in

Crl.M.A.1115/2010 allowed the defacto complainant and the

appellant/accused to compound the offence. In the light of the

above order allowing the parties to compound the offence, I am

of the view that this appeal can be disposed of.

3. In the result this Crl.Appeal is allowed, setting aside the

judgment dated 4.4.2009 of Additional Sessions Judge (Adhoc-II),

Ernakulam in SC No.287/2005 of the court by which the

appellant is convicted and sentenced under Section 324 of IPC.

Accordingly, the appellant/accused is acquitted.

V.K.Mohanan, Judge