IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4348 of 2006()
1. ABRAHAM @ KUTTAN,
... Petitioner
2. WILSON VARGHESE,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent :SRI.S.SANTOSH KUMAR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/12/2006
O R D E R
K.T. SANKARAN, J.
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CRL.R.P.NO. 4348 OF 2006
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Dated this the 7th day of December,2006
O R D E R
The petitioners were found guilty by the trial
court for the offences under Sections 326 and 324
of the Indian Penal Code. On appeal by the
accused, the Appellate Court set aside the
conviction under Section 326 and confirmed the
conviction under Section 324 of the Indian Penal
Code.
2. Crl.M.A.No.12588 of 2006, filed by Pws.1 to
4 who are the injured persons as well as the
revision petitioners for grant of leave to compound
the offence was allowed.
Accordingly, the Criminal Revision Petition is
allowed. The conviction and sentence imposed on
the petitioners are set aside and the petitioners
CRL.R.P.NO.4348 OF 2006
:: 2 ::
are acquitted under Section 320(8) of the Code of
Criminal Procedure.
(K.T.SANKARAN)
Judge
K.T. SANKARAN, J.
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CRL.M.A.NO. 12588 OF 2006
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Dated this the 7th day of December,2006
O R D E R
This application is filed under Section 320(6)
of the Code of Criminal Procedure for granting
leave to compound the offence under Section 324 of
the Indian Penal Code. The application is signed
by Pws.1 to 4 who are the injured persons as well
as by the revision petitioners/accused.
2. The trial court convicted and sentenced the
petitioners for the offences under Sections 326 and
324 of the Indian Penal Code. On appeal by them,
the conviction under Section 326 was set aside and
the conviction under Section 324 was confirmed.
3. A perusal of the judgments would indicate
that the injured as well as the revision
petitioners belonged to different political parties
CRL.R.P.NO.4348 OF 2006
:: 2 ::
and dispute arose in respect of an election. Now
the matter has been settled between the partites.
In the facts and circumstances of the case,
leave is granted to compound the offence.
Accordingly, the application is allowed.
(K.T.SANKARAN)
Judge
ahz/