1. The short question that arises in this case is whether a non-compoundable case can be compounded under Section 320 of the Code of Criminal Procedure (for short 'Cr.P.C') ?

Revision petitioners, who are the accused, have preferred this revision petition against the concurrent judgment in Crl.A.33 of 2003 of Sessions Judge, Wayanad. They were charge sheeted in CC.193 of 2001 before Judicial First Class Magistrate II, Mananthavady under Section 323, 326 read with 34 IPC. After trial the learned Magistrate convicted the accused under Section 323 and 326 read with 34 IPC and sentenced to undergo simple imprisonment for six months under Section 323 r/w 34 IPC, sentenced to undergo simple imprisonment for 18 months with fine of Rs.2000/- under Section 326 r/w 34 IPC, in default, simple imprisonment for six months. Against that accused preferred a criminal appeal before Sessions Judge, Wayanad where the learned Sessions Judge dismissed the appeal. Being aggrieved by that, they preferred this revision petition.

2. The charge against the accused is that on 11.11.1996 at 6.30 am, while PW1 was proceeding to the Milk Society, the accused hide near a tree, jumped in front of him, A2 beat