Mani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 CRL.A.No. 299 of 2014 --------------------- AGAINST THE JUDGMENT IN SC 628/2012 of ADDL. SESSIONS COURT, ERNAKULAM, DATED 26-02-2014 CRIME NO. 488/2007 OF MUNAMBOM POLICE STATION, ERNAKULAM APPELLANTS/ACCUSED:
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1. MANI, AGED 43 YEARS, S/O.KUMARAN, VADEPPARAMBIL HOUSE, AYYAMPILLY KARA, KUZHUPPILLY VILLAGE.
2. PRABHAVATHY, AGED 42 YEARS, W/O MANI, VADEPPARAMBIL HOUSE, AYYAMPILLY KARA, KUZHUPPILLY VILLAGE.
BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT/RESPONDENT:
----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LILLY LESLIE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ab
P.UBAID, J.
--------------------------------------- Crl.A No.299 of 2014 --------------------------------------- Dated this the 25th day of September, 2015
J U D G M E N T
The appellants herein challenge the conviction and sentence under Sections 451 and 323 of the Indian Penal Code, in S.C No.628/2012 of the Additional Sessions Court, Ernakulam (Special Court). Pending this appeal the parties settled the whole dispute out of court amicably and compounded the offence. Composition was accepted by the court. The alleged offence was committed on 27.12.2007. As on that date the offence under Section 451 of the Indian Penal Code was compoundable with permission, though it is not compoundable after 2009. I am well satisfied that the composition is genuine. In the result, this composition is accepted as recorded on Crl.M.A No.6627/2014, and accordingly the conviction and sentence against the appellants in S.C No.628/2012 of the Special Additional Sessions Court, Ernakulam will stand set aside. The appellants will stand released from prosecution on the benefit of acquittal under Section 320(8) of Cr.P.C. P.UBAID JUDGE ab