Revising parties' convictions under IPC is barred if previously adjudicated by a competent body.

ORDER

No representation from the petitioner.

This revision petition is filed by the complainant in CC No.1322/2000 on the files of Judicial First Class Magistrate Court-I, Pathanamthitta, challenging the judgment rendered by the Additional Sessions Court (Fast Track II), Pathanamthitta, in Crl.Appeal No.342/2003. The aforesaid Crl.Appeal was disposed of by the Appellate Court along with Crl.Appeal No.369/2003, by a common judgment.

2. In CC No.1322/2000 on the files of Judicial First Class Magistrate Court I, Pathanamthitta, respondents 1 and 2 herein faced criminal prosecution for the commission of offences under Sections 342, 323, 324, 294(b) and 379 IPC read with Section 34 IPC. As per the judgment rendered on 27.08.2003, the learned Magistrate convicted respondents 1 and 2 herein for the commission of offences under Sections 342, 323 and 324 IPC r/w Section 34 IPC. However, by invoking the powers under Section 4 (1) of the Probation of Offenders Act , the learned Magistrate ordered the release of the above respondents on execution of bond for keeping peace and good behaviour. A further direction was also issued to pay an amount of Rs.3000/- as compensation to PW1 and PW2. It is aggrieved by the aforesaid verdict that the petitioner herein as well as respondents 1 and 2 approached the Appellate Court. Crl.Appeal No.342/2003 was filed by respondents 1 and 2 herein, challenging their conviction and the consequential order passed by the learned Magistrate under the provisions of . Crl.Appeal No.369/2003 was filed by the petitioner herein aggrieved by the decision of the learned Magistrate to release the respondents 1 and 2 by invoking the provisions of the . The learned Additional Sessions Judge, after a reappraisal of the evidence, found that the learned Magistrate went wrong in convicting and sentencing respondents 1 and 2 for the offences under Sections 342, 323 and 324 read with Section 34 IPC. Accordingly, Crl.Appeal No.342/2003 was allowed, setting aside the conviction as well as consequential order under the provisions of the passed against the respondents 1 and 2, and they were acquitted of the offences found against them by the learned Magistrate. By the same common judgment, the learned Additional Sessions Judge dismissed Crl.

Appeal No.369/2003 filed by the petitioner herein.

3. The petitioner had challenged the judgment rendered by the Appellate Court, allowing Crl.Appeal No.342/2003 and setting aside the conviction of the respondents 1 and 2 herein, by filing Crl.Revision Petition No.4524/2006 before this Court. The present Criminal Revision Petition is filed by the petitioner challenging the dismissal of his appeal which was filed before the Additional Sessions Court, Pathanamthitta, as Crl.Appeal No.369/2003.

4. Crl. Revision Petition No.4524/2006 filed by the petitioner was considered by a learned Judge of this Court, and it was dismissed vide order dated 08.10.2025 with the finding that there was absolutely no reason to interfere with the judgment rendered by the Appellate Court acquitting respondents 1 and 2. Thus, obviously the lis involved in these cases attained finality with the above verdict of another Bench of this Court in Crl.R.P No.4524/2006, upholding the acquittal of respondents 1 and 2 by the Appellate Court. In the above circumstances, the challenge in this revision petition against the verdict of the Appellate Court acquitting respondents 1 and 2 cannot be entertained, since the matter had already been decided by another Bench of this Court.

In the result, the revision petition is hereby dismissed.