Balan vs State Of Kerala
2023 Latest Caselaw 5405 Ker

        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
                  CRL.REV.PET NO. 959 OF 2003
 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:
 CRL.REV.PET NO. 959 OF 2003

                             ..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 CRL.REV.PET NO. 959 OF 2003

..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