IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 265 of 2009()
1. UDAYAKUMAR, (A1),
... Petitioner
2. SHEELAN (A2),
3. VARGHESE (A3),
4. JANADAS (A5),
5. FEVIN (A6)
6. VIJAYAN (A8),
7. YESUDAS (A9)
8. PALAYYAN (A10)
9. BABU (A11),
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/02/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. No.265 of 2009
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Dated, this the 11th day of February, 2009
ORDER
In this Revision filed under Section 397 read with
401 Cr.P.C., petitioners who are accused Nos.1, 2, 3, 5, 6
and 8 to 11 in C.C.No.533 of 1998 on the file of the Judicial
First Class Magistrate Court-I, Neyyattinkara challenge the
conviction entered and the sentence passed against them
for offences punishable under Sections 143, 147, 148, 427
and 447 read with Section 149 IPC.
2. The case of the prosecution can be summarised as
follows:-
On 8-7-1997, at about 9.15 p.m. eleven accused
persons out of their enmity towards PW1 formed
themselves into an unlawful assembly with armed weapons
such as chopper, stones, short stick etc. at Aankode in
Crl.R.P.No.265 of 2009
– 2 –
Perunkadavila village and criminally trespassed into the
compound of PW1 and committed mischief by smashing the
window glasses and by disconnecting the telephone etc.
causing a total loss of Rs.15,000/- to PW1.
3. The conviction recorded by the trial court for the
aforementioned offences has been confirmed in appeal by
the learned Additional Sessions Judge,
Thiruvananthapuram. Hence, this revision.
4. Pending this revision, the injured de facto
complainant has purported to compound all the
aforementioned offences committed by the petitioners
herein and a joint petition has been filed as
Crl.M.A.No.1370 of 2009. The petitioners place reliance
upon the decision of the Apex Court in Madan Mohan
Abbot V. State of Punjab [2008(4) SCC 582] in seeking to
compound the offences by invoking Section 482 Cr.P.C.
Crl.R.P.No.265 of 2009
– 3 –
5. Having regard to the facts and circumstances of
the case, I am not inclined to hold that the occurrence arose
out of strictly private dispute between the parties so as to
press into service Madan Mohan Abbot’s case.
6. The offences which are compoundable are those
punishable under Sections 427 and 447 IPC. The other
offences namely Sections 143, 147, 148 and 149 are not
compoundable offences. Hence, the joint petition can be
allowed only so far as it relates to the offences punishable
under Sections 427 and 447 IPC. The petition so far as
those offences are concerned is allowed and the
composition is recorded. It will have the effect of an
acquittal of the revision petitioners with regard to the
offences punishable under Sections 427 and 447 IPC in view
of Section 320(8) Cr.P.C.
Crl.R.P.No.265 of 2009
– 4 –
7. In view of the composition of the offences
punishable under Sections 427 and 447 IPC, it cannot be
said that an unlawful assembly was formed for committing
mischief and criminal trespass. If so, the conviction
recorded for offences punishable under Sections 143, 147,
148 and 149 cannot be sustained and is accordingly
dislodged. The revision petitioners are acquitted of the
offences punishable under Sections 143, 147, 148 and 149
IPC as well.
Accordingly, this Criminal Revision petition is allowed
as above.
Dated this the 11th day of February, 2009.
V.RAMKUMAR, (JUDGE)
skr