PRATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners, along with additional respondents

(2.) and 3 have filed this petition under Ss. 320(8) and 482 Cr.P.C., for compounding the offence involved. 2. The petitioners were convicted and sentenced by the Judicial First Class Magistrate-I, Thodupuzha, for the commission of offence under Ss. 447, 323, 324 and 326 I.P.C read with Sec. 34 I.P.C. They were sentenced to rigorous imprisonment for three years for the offence under Sec. 326 I.P.C and rigorous imprisonment for six months for the offence under Sec. 447 I.P.C. No separate punishment was awarded for the offences under Ss. 323 and 324 I.P.C. In the appeal filed before the Sessions Court, the learned Additional Sessions Judge, Thodupuzha confirmed the conviction and modified the sentence. The accused were accordingly, sentenced by the appellate court to undergo rigorous imprisonment for three months each under Sec. 447 I.P.C. and to undergo rigorous imprisonment for two years each and to pay fine Rs.5,000.00 each under Sec. 326 I.P.C. Challenging the above concurrent findings of conviction and the sentence imposed by the appellate court, the petitioners preferred Crl.R.P No.3079/2006. In the meanwhile, additional respondents 2 and 3 filed Crl.R.P No.242/2007, seeking enhancement of sentence awarded by the appellate court.

(3.) When both these cases were taken up for hearing, the learned counsel representing both parties submitted that the issue has been amicably settled between them and hence, it is highly necessary to compound the offence and close the revision proceedings. On the basis of the application filed by the revision petitioners in Crl.R.P No.242/2007 as Crl.M.A No.2/2023, they were impleaded as additional respondents 2 and 3 in Crl.R.P No.3079/2006.