IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1523 of 2006(Y)
1. MANNATHKANDY VIJAYAN
... Petitioner
Vs
1. C.K.KUMARAN, S/O.KUTTAN,
... Respondent
2. STATE OF KERALA, REP: BY PUBLIC
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/12/2008
O R D E R
M.N.KRISHNAN, J
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CRL.R.P. No.1523 OF 2006
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Dated this the 15th day of December 2008
O R D E R
This revision petition is preferred against the confirmation of
conviction and sentence passed in Crl.A.No.175 of 202. In turn that appeal
was filed against the conviction and sentence passed by the Judl.I Class
Magistrate Court-III, Kozhikode in CC No.597 of 1997. The trial court
found the accused guilty and convicted him to undergo simple
imprisonment for one year. The appellate court confirmed the conviction,
but modified the sentence of simple imprisonment of one year into one
month and to pay a compensation of Rs.2,74,000/- and in default to
undergo simple imprisonment for 10 months. As per Crl.M.A.No.12388 of
29008, the matter has been compounded between the complainant and the
accused and that has been recorded as compounded. When the matter is
compounded and settled between the parties, necessarily the conviction and
sentence passed by both the courts below are liable to be set aside as per the
provision of Section 320(8) of the Code of Criminal Procedure. Therefore
the said composition of the offence shall have the effect of an acquittal of
Crl.R.P.1523/2006 -:2:-
the accused in the case.
The Crl.R.P. is disposed of as above. It is submitted that the
revision petitioner has deposited a sum of Rs.75,000/- before the trial court
and as per the terms of compounding, it has to be reimbursed to him. The
revision petitioner is at liberty to withdraw that Rs.75,000/- on appropriate
application.
M.N.KRISHNAN, JUDGE
Cdp/-