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Pramod @ Babu vs State Of Kerala on 16 October, 2009

Kerala High Court
Pramod @ Babu vs State Of Kerala on 16 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3239 of 2009()


1. PRAMOD @ BABU, AGED 31 YEARS,
                      ...  Petitioner
2. PRASANNAN, AGED 34 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. USHA, AGED 36 YEARS, W/O.SAJI,

3. SAJI, AGED 38 YEARS, S/O.DAMODARAN,

                For Petitioner  :SRI.JACOB P.ALEX

                For Respondent  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :16/10/2009

 O R D E R
                        P.S. GOPINATHAN, J.
                        -------------------------
                     CRL.R.P. NO. 3239 OF 2009
                    ----------------------------------
           DATED THIS THE 16TH DAY OF OCTOBER 2009

                               O R D E R

The revision petitioners are accused 1 and 2 in C.C No. 142

of 2006 on the file of the Chief Judicial Magistrate,

Pathanamthitta. They were prosecuted by the Sub Inspector of

Police, Koipuram in Crime No. 223 of 2006 for offence punishable

u/ss. 341, 323,324,294(b), 506(ii) r/w 34 of IPC. After trial the

learned Magistrate arrived a finding that the prosecution had

succeeded to establish offence under Sections 341 and 323 IPC

as against the first revision petitioner and offence under Section

323 IPC as against the 2nd revision petitioner. Accordingly they

were convicted for the said offences. For the other offences they

were acquitted. The first revision petitioner was sentenced to pay

a fine of Rs. 500/- with a default sentence to undergo simple

imprisonment for seven days for the offence u/s.341 IPC; and

simple imprisonment for three months for the offence u/s.323

IPC. The 2nd revision petitioner was sentenced to pay fine of

Rs.1,000/- with a default sentence to undergo simple

imprisonment for three months for offence under section 323 IPC.

CRL. R.P. NO. 3237 OF 2009
2

Though the revision petitioners preferred appeal, they were not

successful.

2. Assailing the legality, correctness and propriety of the

above conviction and sentence as confirmed in appeal this

revision petition was filed.

3. Now the revision petitioners had settled the matter with

Pws1 and 2 who were injured and they filed a joint application as

Crl.M.A No. 10043 of 2009. Having heard either side, I find no

reason to reject the petition. The offence for which the revision

petitioners are convicted are compoundable. In the above

circumstances Crl.M.A No. 1043 of 2009 is recorded and the

revision petitioners are acquitted under Section 320(8) of IPC.

They would be set at liberty.

The Crl. R.P. is disposed of as above.

P.S. GOPINATHAN
JUDGE
PKK

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