High Court Kerala High Court

Sathyaraj vs State Of Kerala on 4 February, 2009

Kerala High Court
Sathyaraj vs State Of Kerala on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 405 of 2009()


1. SATHYARAJ, S/O.RAJAYYAN NADAR, THUDALY
                      ...  Petitioner
2. SHAJI, S/O.RAJAYYAN NADAR, THUDALY

                        Vs



1. STATE OF KERALA, REP.BY ITS PUBLIC
                       ...       Respondent

2. THOMAS NADAR, S/O.JOSEPH NADAR,

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  :SRI.HARIKUMAR.S.

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :04/02/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
                CRL.R.P.NO.405 OF 2009
              ------------------------------------------

               Dated      4th     February 2009


                           O R D E R

Accused 2 and 3 in C.C.226/1997 on the file

of Judicial First Class Magistrate-III, Neyyattinkara

are the revision petitioners. They along with first

accused were convicted and sentenced for the offence

under Section 324 read with Section 34 of Indian Penal

Code. All the accused challenged the conviction before

Sessions court, Thiruvananthapuram in Crl.A.367/2000.

Learned Additional sessions Judge on re-appreciation

of evidence confirmed the findings of learned

Magistrate that in furtherance of their common

intention revision petitioners voluntarily caused

hurt to PW1, Thomas Nadar and they thereby committed

offence under Section 324 read with Section 34 of

Indian Penal Code. Conviction is challenged in this

revision. Learned counsel submitted that first accused

is no more.

2. Along with revision, Crl.M.A.1220/2009 was

filed by revision petitioners along with PW1, the

2

injured under Sub Section 6 of Section 320 of Code of

Criminal Procedure seeking permission to compound the

offence stating that they have settled the dispute

amicably and the injured has no subsisting grievance

against the revision petitioners and the application is

not filed due to any collusion or fraud or coercion.

3. Offence under Section 324 is compoundable

under Sub Section (2) of Section 320 of Code of

Criminal Procedure as Amendment Act Section 324 of

Indian Penal Code from Sub Section 2 of Section 320 has

not come into force. The offence is compoundable by

the injured with the sanction of the court. As the

injured himself has stated that the matter has been

settled and sought compounding of the offence along with

the revision petitioners, Crl.M.A.1220/2009 is allowed.

Permission is granted to compound the offence. Offence

under Section 324 read with Section 34 of I.P.C is

compounded.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.