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Gopi vs State Of Kerala on 21 November, 2007

Kerala High Court
Gopi vs State Of Kerala on 21 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 834 of 2000()



1. GOPI, S/O. RAMAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.KOSHY GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :21/11/2007

 O R D E R
                       K.R.UDAYABHANU, J
                    ---------------------------------------------
                       Crl.R.P.No.834 of 2000
                    ---------------------------------------------
              Dated this the 21st day of November, 2007



                                O R D E R

The revision petitioner is the accused in C.C.No.258/92

who stands convicted for the offence under Section 326IPC and

sentenced to undergo R.I. for a period of two years and to pay a

fine of Rs.10,000/- and in default, to undergo R.I. for six months.

2. The prosecution case is that on 20.2.1992 at about

6.30 p.m. in the varandah of shop building bearing registration

No.III/56 at Velliyamattom Panchayath, the accused stabbed

PW1 on the left thigh causing grievous injuries and he was

inpatient from 20.2.1992 to 23.3.1992 at Medical College

Hospital, Kottayam. The revision petitioner/accused as well as

the defacto complainant has filed a joint petition seeking

compounding of the matter. It is submitted that the matter has

been settled. Of course, the joint petition filed cannot be acted

upon as the offence is not compoundable. All the same,

considering the fact that the parties have settled the matter the

offence imposed for the offence under Section 326 IPC is

CRRP834/00 2

modified to imprisonment till the rising of the court and to pay a

fine of Rs.10,000/- and in default, to undergo R.I. for a period of

six months. The fine amount if remitted shall be paid to PW1. It

is submitted that same amount has already been deposited, and

if so, PW1 is permitted to withdraw the amount. The accused

shall appear before Chief Judicial Magistrate Court, Thodupuzha

on 19.12.2007 to receive sentence.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,
JUDGE

csl

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