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