Renjith S/o Reghu v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala
2019-10-10
R.NARAYANA PISHARADI
body2019
DigiLaw.ai
ORDER : 1. The revision petitioners herein are the unsuccessful appellants in Crl. Appeal No. 165/2015 on the file of the Additional Sessions Court-III, Kollam. 2. The revision petition is filed challenging the order of conviction and sentence passed by the Judicial First Class Magistrate Court-II, Kottarakkara in the case C.C. No. 1117/2009 as confirmed by the Additional Sessions Court-III, Kollam in Crl. Appeal No. 165/2015. As per the impugned judgment under challenge, the conviction entered against the revision petitioners, who are accused 1 and 4 in the case, under Sections 323, 324 and 326 read with 34 I.P.C. and the sentence imposed on them to undergo simple imprisonment for different terms and to pay fine under each count, stand confirmed. 3. During the pendency of the revision petition, Crl. M.A. No. 1/2019 is filed by the revision petitioners under Section 482 Cr.P.C. for setting aside the judgments of the trial court as well as the appellate court. It is stated that the matter has been settled between the revision petitioners and de facto complainant/victim. 4. The de facto complainant/victim has got himself impleaded in the revision petition as additional second respondent. In the affidavit filed by him in support of the application to get impleaded in the revision petition, it is stated that the matter has been settled between him and the revision petitioners and that he has no objection to set aside the judgments of the trial court as well as the appellate court. 5. Heard learned counsel for the revision petitioners and the second respondent and the learned Public Prosecutor. 6. The offence punishable under Section 323 I.P.C. is compoundable. The offence punishable under Section 324 I.P.C. was compoundable on the date of the incident. The offence punishable under Section 326 I.P.C. is not compoundable. 7. In Bijukumar vs. State of Kerala, 2013 (2) KHC 569 , this Court has held that even at the revisional stage, proceedings against an accused for committing a non-compoundable offence, can be quashed invoking inherent power of this Court under Section 482 Cr.P.C. 8. In the case at hand, the finding entered against the revision petitioners by the courts below is that they caused simple hurt to the second respondent by kicking him and by beating him with wooden sticks.
In the case at hand, the finding entered against the revision petitioners by the courts below is that they caused simple hurt to the second respondent by kicking him and by beating him with wooden sticks. They were convicted for the offence under Section 326 I.P.C. with the aid of Section 34 I.P.C. as the second and the third accused had used swords to cause grievous hurt to the victim. The second and the third accused were absconding during the trial of the case. 9. Considering the nature of the overt acts committed by the revision petitioners and the other facts and circumstances of the case, I find that the power of this Court under Section 482 Cr.P.C. can be invoked to set aside the order of conviction and sentence passed against them by the courts below, in view of the settlement of the dispute between them and the second respondent. Learned counsel for the second respondent submitted that the entire matter is settled. I am satisfied that the settlement arrived at between the parties is genuine. 10. Consequently, I hereby quash the conviction entered and sentence imposed on the revision petitioners as per the judgment passed by the Judicial First Class Magistrate Court-II, Kottarakkara in the case C.C No. 1117/2009 and which stand confirmed by the Additional Sessions Court-III, Kollam in Crl. Appeal No. 165/2015. The revision petition and Crl. M.A. No. 1/2019 are disposed of accordingly. 11. However, it is made clear that this Court has not taken note of or recorded any settlement reached between the second respondent and the other accused in the case who were absconding at the time of the trial of the case. This order shall not have any effect on the trial of the case against the other accused in the case, who are/were absconding.