KRISHNANKUTTY PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is preferred by A1 and A2 against the judgment in S.C. No.41/1997 of Additional Sessions Judge, Adhoc-I, Pathanamthitta. A1 and A2 were charge sheeted by the Additional Sessions Judge, Adhoc-I, Pathanamthitta under section 324, 323 and 307 r/w.34 IPC. The learned Sessions Judge convicted the accused under section 323 and 324 Penal Code and sentenced to fine of 1,000.00, in default simple imprisonment for three months under section 323 r/w.34 IPC. They were also sentenced to simple imprisonment for six months and fine of Rs. 25,000.00 each, in default of payment of fine, simple imprisonment for six months under section 324 r/w.34 IPC. The learned Sessions Judge directed to pay 30,000.00 as compensation to the victim. Being aggrieved by that, they preferred this revision petition.

(2.) The charge against the accused is that on 6.1.1996 at 8.45 a.m., while PW1 was returning his rubber estate through the pathway at Vellara in Malayalapuzha Panchayat, A1 and A2 in furtherance of their common intention and voluntarily caused hurt to PW1. There was a property dispute between the appellants and PW1 earlier. A1 inflicted cut injury on the head, left shoulder, right knee and right shin of PW1, the 2nd accused hit PW1 with a stone. When PW1 took shelter in the neighbouring house, the accused followed him and again voluntarily caused hurt, thereby committed the offence. Against that, the injured preferred another complaint in the Judicial First Class Magistrate Court-I, Pathanamthitta under section 323, 324 and 307 r/w.34 IPC, which was also committed as CP No.1 /97 and numbered as C.C. NO.40/97. Both cases were tried by the trial Court jointly and evidence recorded together. In S.C NO.41/97, prosecution examined PW1 to PW10 and marked Exts.P1 to P9. In S.C. No.40/1997, prosecution examined PW1 to PW5 and marked Exts.P1 to P3. The incriminating circumstances brought out in evidence were denied by the accused while questioning them. In S.C. NO.41/97 D1 and D2 were marked as defence evidence. The learned Sessions Judge acquitted the accused in S.C. No.40/1997 under section 323, 324 and 307 r/w/34 Penal Code and convicted the accused in. S.C. No.41/1997 under section 323 and 324 r/w. 34 IPC.

(3.) When the matter came up for hearing, the learned counsel appearing for the appellants submitted that the parties have settled the matter out of Court and filed Crl. M.A. No.6923/2015. Both parties have signed in the compromise petition. The first appellant died during the pendency of this appeal. The legal representatives of the first appellant were not impleaded and they are not interested in prosecuting the matter. According to Sec. 320(1) Cr.P.C, offences punishable under Penal Code specified in the first two columns of the table next following may be compounded by the person mentioned in the third column of that table. According to Sec. 320(2) Cr.P.C, offences punishable under Penal Code specified in the first two columns of the table next following may be with permission of the court, before which any prosecution for such offence is pending, be compounded by the person mentioned in the third column of that table.