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Judgment
The revision petitioner was the accused in CC No.228 of 2004 on the file of the Judicial First Class Magistrate Court, Chalakudy and the appellant
in Crl.Appeal No.382 of 2008 on the file of the Additional Sessions Court, Irinjalakuda. The offences alleged against the accused are punishable under
Section 341, 325 and 294(b) of the Indian Penal Code.
By judgment dated 29.04.2008, the learned Magistrate convicted and sentenced the accused for the offence punishable under Section 341 and 325
of the IPC and accordingly, he was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.3,000/-, in default of payment of
fine to undergo simple imprisonment for six months. No separate sentence was awarded for the offence punishable under Section 341 of the IPC.
Aggrieved by the aforesaid judgment, the accused preferred criminal appeal before the Additional Sessions Court, Irinjalakuda. The learned Additional
Sessions Judge by its judgment dated 11.11.2011 confirmed the conviction of the accused but modified the sentence to undergo simple imprisonment
for three months and to pay a fine of Rs.3,000/- in default of payment of fine to undergo simple imprisonment for three months and directed to pay the
fine amount as compensation to PW1.
When the revision came up for hearing, the learned counsel for the revision petitioner submitted on 09.12.2020 that the accused has been suffering
from alcohol related Chronic Liver Disease with Portal Hypertension. Learned counsel for the revision petitioner further submitted his days are
numbered. Considering the submission made, this Court issued notice to the de-facto complainant to appear before this Court and accordingly, the de-
facto complainant was present present before this Court on 18.12.2020. The de-facto complainant represented before this Court that he is willing to
compound the offences.
Consequent to the submission made, the de-facto complainant and the accused filed Crl.M.A.No.1 of 2020 along with an affidavit stating that
considering the pitiable condition of the accused, he has forgiven him and he may be exonerated from the case.
Having taken into the submission made, it is just and proper to grant permission to compound the offence under Section 341 and 325 of the IPC.
Hence, permission is granted.
Resultantly, Crl.M.A.No.1 of 2020 is allowed. The accused/revision petitioner stands acquitted under Section 320(8) of the Cr.P.C. His bail bonds
are cancelled. He is set at liberty.
The Criminal Revision is disposed of accordingly.