Ashraf vs The Sub Inspector Of Police on 13 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 627 of 2003()


1. ASHRAF, S/O.IBRAHIM,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/10/2009

 O R D E R
                        V. RAMKUMAR , J.
          -------------------------------------------------------------
                        Crl.A. No. 627 of 2003
           ------------------------------------------------------------
          Dated this the 13th day of October, 2009.

                              JUDGMENT

The appellant who was the accused in S.C. No. 503 of

2000 on the file of the Additional Sessions Court, Fast Track

(Adhoc) -II, Kozhikode, was charge sheeted for offences

punishable under Sections 143, 147, 148, 341, 324 and 307

r/w Section 149 IPC. He alone stood trial before the court.

As per the impugned judgment dated 28.03.2003, the

learned Additional Sessions Judge found him guilty of

offences punishable under Sections 143, 147 and 148 r/w

Section 324 IPC. Pending this appeal, the de facto

complainant has compounded the matter with the appellant.

Even though in the affidavit it is stated that the matter has

been amicably settled due to the intervention of mediators

and the de facto complainant has no subsisting grievance

against the appellant and the offences have been

compounded, the offences punishable under Sections 143,

147 and 148 are not compoundable offences. In the case

of the offence punishable under Section 324 IPC, the

composition entered into between the parties is valid.

The composition of the offence punishable under Section

324 IPC is recorded. It will have the effect of an acquittal

of the appellant for the offence punishable under Section

324 IPC in view of Section 320(8) Cr.P.C. Since the

alleged unlawful assembly was formed for committing the

offence punishable under Section 324 IPC and the said

offence has been compounded, it cannot be said that the

appellant joined an unlawful assembly for the purpose of

committing an offence punishable under Section 324 IPC.

If so, the offences punishable under Sections 143, 147

and 148 cannot have any legs to stand on. The appellant

is, accordingly, acquitted of the offences punishable

under Sections 143, 147 and 148 IPC.

This appeal is allowed as above.

Dated this the 13th day of October, 2009.

V. RAMKUMAR,JUDGE.

rv

V. RAMKUMAR, J.

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Crl. Appeal No. 627 of 2003

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13th day of October, 2009.

JUDGMENT