IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3132 of 2005()
1. SURESH.K.N., S/O.NAGU,
... Petitioner
Vs
1. KANNAN, S/O.SUKUMARAN,
... Respondent
2. SURESH, S/O.SUKUMARAN,
3. STATE OF KERALA,
For Petitioner :SRI.SURIN GEORGE IPE
For Respondent :SRI.K.R.VINOD
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :03/06/2009
O R D E R
THOMAS P. JOSEPH, J.
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Crl.R.P.No.3132 of 2005
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Dated this the 3rd day of June, 2009.
ORDER
Heard counsel for petitioner, respondent Nos.1 and 2 and the Public
Prosecutor.
2. Learned counsel for petitioner and respondent Nos.1 and 2 submit
that the matter has been settled between the parties outside the court. Learned
counsel for petitioner submits that in view of that settlement petitioner is not
interested in proceeding with this revision and that it may be dismissed as not
pressed.
3. Challenge in this revision is to the acquittal of respondent Nos.1
and 2 for offences punishable under Sections 323, 324 and 326 read with
Section 34 of the Indian Penal Code under Section 248(1) of the Code of
Criminal Procedure. Case is that respondent Nos.1 and 2 voluntarily caused
hurt/grievous hurt to the petitioner in furtherance of their common intention on
11.4.2003 at about 9 a.m. Prosecution examined PWs 1 to 4 to prove the
alleged incident. Learned magistrate after consideration of the evidence was not
satisfied that the alleged incident is proved beyond reasonable doubt and
ordered acquittal of respondent Nos.1 and 2. That acquittal was made on an
appreciation of the evidence. It is not shown that any miscarriage of justice has
resulted from violation of any fundamental principles of law. In the light of that
Crl.R.P.No.3132/2005
2
and in view of the settlement between the parties and the submission by the
learned counsel for petitioner that revision is not pressed, I do not find reason to
interfere with the judgment under challenge.
Revision petition is therefore dismissed.
THOMAS P.JOSEPH,
Judge.
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