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2016 Supreme(Online)(KER) 4480

HIGH COURT OF KERALA
B.KEMAL PASHA, J
JOHNSON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.SUNNY MATHEW, SRI.C.C.ANOOP

O R D E R

~ ~ ~ ~ ~ ~

Petitioner was the 1st accused in CC No.642/2000 of the Judicial First Class Magistrate's Court-I, Thamarassery for the offence under Section 324 read with Section 34 IPC . The trial court, after a full fledged trial, found the petitioner alone guilty of the offence punishable under , convicted him thereunder and sentenced him to undergo simple imprisonment for two years. The matter was taken up in appeal by the petitioner herein through Criminal Appeal No.99/2003 before the Sessions Court, Kozhikode. The IInd Additional Sessions Court, Kozhikode partly allowed the appeal by confirming the conviction under and reducing the sentence as simple imprisonment for six months and to pay a fine of ₹3,000/-, in default to undergo simple imprisonment for four more months. Challenging the same, the said appellant has come up in Revision.

2. Presently, the petitioner could procure a condonation from the then unwilling victim and consequently, PW7, who is the de facto complainant, has expressed her willingness to compound the offence. The offence under Section 324 IPC as it then stood, was compoundable at the instance of the injured. PW7 is the injured de facto compl

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