JOLLY Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioner who was the accused in C. C. No. 247/1994 on the file of the Chief Judicial Magistrate, Ernakulam for an offence punishable under Section 324 IPC challenges the conviction entered and the sentence passed against him concurrently by the courts below.

(2.) PENDING this revision, the de facto complainant, who was the injured, has compounded the offence with the revision petitioner. They have filed a joint petition dated 7-4-2009 as Crl. M. A. No. 3947 of 2009 seeking permission to record the composition. Even though the offence punishable under Section 324 IPC is now not compoundable, since the occurrence in this case took place on 20-1-1992 at a time when Section 324 IPC was a compoundable offence, I see no objection in accepting the composition.

(3.) IN the above circumstances, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner for offence punishable under Section 324 IPC within the meaning of Sec. 320 (8) Cr. P. C. This Crl. R. P. is disposed of as above.