Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 AGAINST THE JUDGMENT DATED 10.12.2002 IN CC 462/1993 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY CRA 187/1999 OF ADDITIONAL SESSIONS COURT (SPECIAL COURT), KOTTAYAM / I ADDITIONAL MACT, KOTTAYAM REVISION PETITIONER/APPELLANT/1ST ACCUSED: BALAN, S/O KOCHUKOCHU, HOUSE NO.480, ROAD PURAMBOKE, A C COLONY, PERUNNA WEST KARA, CHANGANASSERRY VILLAGE BY ADV SRI.SUNIL CYRIAC RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE ADDL.SUB INSPECTOR OF POLICE, CHANGANASERRY ( CRIME NO.91/93 OF CHANGANASSERRY POLICE STATION) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. SRI. SANAL P RAJ PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
O R D E R
This revision petition was preferred by the
accused in C.C No.462/93 on the file of the Judicial First Class Magistrate's Court, Changanasserry. He has been convicted for an
offence punishable under Section 326 of Indian Penal Code. He was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-.
2. PW1 was the defacto complainant, who is
no more. PW6 was the only son, who is also no more. The daughter of the PW1 also agreed for a settlement. So also, PW3-the widow of the defacto complainant. The compromise petition is on board.
3. Though Section 326 is a non-compoundable offence, taking note of the nature of dispute, it has no public ramification, I am of the view that ..3..
the compounding petition can be acted upon. Accordingly, I allow the criminal revision petition in the light of composition and set
aside the conviction sentence passed by the court below. Sd/- A.MUHAMED MUSTAQUE JUDGE PR