IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3427 of 2007()
1. JOHN KURIEN, AGED 52
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.A.MOHAMMED SHAH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/11/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 3427 OF 2007 C
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Dated this the 20th day of November, 2007
O R D E R
In this revision filed by the 1st accused in
C.C.No.1058/99 on the file of JFCM, Changanacherry for
offences punishable under sections 420 and 120B read with
section 34 IPC, challenges the conviction entered and the
sentence passed against him by the courts below
concurrently for the offence punishable under section 420
IPC.
2. Pending this revision, the revision petitioner has
compounded the offence with the persons who have been
cheated including the de facto complainant totalling to seven.
Those persons are
(i) C.B.Sreekumar;
(ii) James Mathew;
(iii) A.S.Subair;
(iv) A.S.Gopi;
(v) V.S.Jacob;
Crl.R.P.No.3427/07
: 2 :
(vi) Binu K. Mathew and
(vii) Santhosh Philip.
Crl.M.A.No.12194/07 is a petition filed by the revision
petitioner and signed by C.B.Sreekumar, James Mathew,
A.S.Subair, A.S.Gopi and V.S.Jacob mentioned above
requesting to accept the composition and acquit the accused
as against those five persons. Crl.M.A.12195/07 is a similar
petition filed by the revision petitioner and Binu K. Mathew,
the de facto complainant, requesting to record the
composition as against the de facto complainant(Binu K.
Mathew) and to acquit the revision petitioner.
Crl.M.A.12196/07 is a petition filed by the revision petitioner
and Santhosh Philip referred to above seeking to record the
composition and acquit the revision petitioner as against the
said person. Crl.M.A.12201/07 is an application filed by the
revision petitioner for permission to compound the offence.
The above applications are allowed and the composition
entered into between the revision petitioner and the aforesaid
seven persons is recorded. This will have the effect of an
Crl.R.P.No.3427/07
: 3 :
acquittal of the revision petitioner under section 320(8)
Cr.P.C. of the offence punishable under section 420 IPC.
Crl.M.A.12197/07 filed for impleading the aforementioned
seven persons, who were cheated, is dismissed as
unnecessary.
This Crl.R.P. is disposed of as above recording the
composition.
(V. RAMKUMAR, JUDGE)
aks