IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2385 of 2009()
1. GOPALAKRISHNAN, S/O.GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :SRI.M.REVIKRISHNAN
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :07/08/2009
O R D E R
THOMAS P JOSEPH, J
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Crl.R.P.No.2385 of 2009
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Dated this 07th day of August 2009
ORDER
Additional respondent No.2 is impleaded. Heard counsel on both
sides and Public Prosecutor.
2. Petitioner faced trial in the court of learned Principal
Assistant Sessions Judge, Kollam in S.C.No.587 of 2000 for offence
punishable under section 307 of the Penal Code (for short, “the Code”)
on the allegation that on 31-03-1999 at about 5.30 p.m he attempted
to commit murder of additional respondent No.2 by assaulting him with
a chopper. Prosecution examined Dws1 to 7 and marked Exts.P1 to P8
and MO1 series. Learned Assistant Sessions Judge found petitioner
guilty of the charge under section 307 of the Code and sentenced him
accordingly. That conviction and sentence were challenged in the
court of learned Additional Sessions Judge-1, Kollam in criminal appeal
No.433 of 2004. Learned Sessions Judge while upholding the case of
prosecution altered the conviction and sentence from section 307 to
324 of the Code. Judgment of learned Additional Sessions Judge is
under challenge in this revision.
3. Additional respondent No.2, the defacto complainant has
been impleaded in this revision. Himself and petitioner have filed the
petition (C.M.A.No.7538 of 2009) reporting that the case is settled
between them and requesting that the composition may be accepted.
Crl.R.P.No.2385 of 2005 2
It is submitted by both sides the parties are immediate neighbours and
that they are now living peacefully. I have gone through the petition
and find no reason to think that composition is not voluntary. Offence
under section 324 is compoundable with permission of the court.
Having regard to the circumstances of the case I am inclined to grant
permission sought for. Accordingly C.M.A.No.7538 of 2008 is allowed,
permission is granted to compound the offence and the composition is
accepted. That shall have the effect of acquittal of petitioner under
section 320(8) of the Code of Criminal Procedure.
Revision petition is disposed of as above.
THOMAS P JOSEPH, JUDGE
Sbna/