Jayakumar vs Sho on 6 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2002 of 2010()


1. JAYAKUMAR, S/O.VASUDEVAN, AGED 23,
                      ...  Petitioner
2. SAJEEVAN, S/O.KUNHAMBU, AGED 29,
3. PRAMOD, S/O.RAMAN, AGED 30,

                        Vs



1. SHO, CHAKKARAKAL POLICE STATION,
                       ...       Respondent

2. KARIMBIN VEETIL SANTHOSH KUMAR,

                For Petitioner  :SRI.N.SHANOJ

                For Respondent  :SRI.RIYAD.C.I

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

 Dated :06/07/2010

 O R D E R
                         V.K.MOHANAN, J.
                       -------------------------------
                     Crl. R.P.No.2002 of 2010
                       -------------------------------
               Dated this the 6th day of July, 2010.

                            O R D E R

The revision petitioners are the accused Nos.1, 3 and 4 in

C.C.No.100/04 of the Court of Chief Judicial Magistrate (IInd

class) IAS Probationer, by which the revision petitioners are

stand convicted and sentenced u/s.341, 323, 324, 427 r/w. 34 of

IPC. Against the conviction and sentence though an appeal was

preferred by the revision petitioners, the lower appellate court by

judgment dated 30.4.2010 in Crl.A.No.179/05, dismissed the

above appeal confirming the conviction and sentence. It is the

above judgments of the courts below and the conviction and

sentence imposed against the revision petitioners u/s.341, 323,

324, 427 r/w. 34 of IPC are challenged in this revision petition.

In this revision petition, apart from the State represented by the

Station House Officer, Chakkarakal Police Station, the defacto

complainant is also impleaded as 2nd respondent.

2. Today by a separate order in Crl.M.A.No.6366/10, this

court accorded permission to the contestant parties to

Crl. R.P.No.2002 of 2010
2

compound the offences and the composition of the above

offences were recorded.

3. Having regard to the facts and circumstances involved

in the case and in the light of the order passed by this court in

Crl.M.A.No.6366/10, I am of the view that the conviction and

sentence imposed against the revision petitioner can be set

aside and the revision petitioners/accused can be acquitted by

virtue of S.320(8) of Cr.P.C.

In the result, this revision petition is allowed setting aside

the judgments of the courts below and acquitting the revision

petitioners of all the charges levelled against them and they are

set at liberty.

Criminal revision petition is disposed of accordingly.

V.K.MOHANAN,
Judge.

ami/