RAMESH Vs. STATE

JUDGEMENT

(1.) Although the revision petition was fixed for hearing on 25.1.2005 it is taken up today on account of Crl. Mis. No. 3/2005 f or preponment of the date and for disposal of the Crl. Mis. No. 1473/04 for bail and suspension of sentence. In the meantime, an application under Section 482, Cr.P.C. has also been filed for compounding the offence.

(2.) The revision petitioner, Ramesh @ Pappey, was tried and convicted for an offence under Section 326, IPC by the Court of M.M. and the conviction was upheld in appeal by the Court of Session. As per the two judgments the petitioner on 10.11.1988 despite being warned by the father of the victim proceeded to burn the crackers in the courtyard where children were playing and the victim girl aged 5 years was sleeping on a cot and threw a burning cracker on the victim thereby injuring her left eye. The victim lost her eyesight in her left eye. After examining the witnesses the learned trial Court convicted the accused and after hearing the accused on the quantum of sentence imposed a penalty of three years RI and a fine of Rs. 2,000/-. The appellate Court of Additional Sessions Judge has not interfered with the penalty.

(3.) In the application under Section 482, Cr.P.C. (Crl. M. No. 2/2005) it is contended on behalf of the victim that she has attained the age of majority, that she is closely related to the accused and that through the intervention of common relatives and friends her family and the family of the accused have compromised. It is further contended that since two families are now living in harmony, no useful purpose would be served by punishing the accused and, therefore, she may be granted permission to compound the offence of the accused.