CRL.REV.PET No. 2948 of 2003 · Kerala High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 323, 324, 341, 506(i), 506(ii)
- Code of Criminal Procedure, 1973 s. 320(8)
Key paragraphs
- Para 33. Crl.M.A. No.8272/2012 has been filed by PWs 2and 3. PW3 is the wife of A1. PW2 is the sister of PW3.Since the parties have settled the matter amicably theyseek permission of the court to record composition of theoffences. Permission is granted. Aggrieved parties are…
Judgment
N.K. BALAKRISHNAN, J.------------------------------------------Crl. R.P. No: 2948 of 2003 ------------------------------------------Dated this the 17th day of November, 2012
O R D E RThe learned counsel for the petitioners/A2 and A3submits that though the trial court and appellate court foundthe petitioners guilty and convicted of the offence undersection 506(ii) of IPC; on going through the evidence givenby PWs 2 and 3, based on which the courts below held thepetitioners guilty of the offence under section 506(ii), it isclear that except the alleged statement regarding thethreatening words used by the accused there is nothing toshow that the victim was actually put in fear. Mere use ofthe words that the accused would be killed is not sufficient. Those words or acts of the accused should create a fear orapprehension in the mind of the victim that he would bekilled. That evidence is not available nor has such a findingbeen arrived at by the courts below. I find merit in that Crl.R.P. No: 2948/2003-2-submission. The conviction under section 506(ii) of IPC is tobe set aside but the conviction is to be had under section506(i) of IPC if other materials do support the case of theprosecution.
It is submitted by the learned counsel for thepetitioner that PW3 and A1- her husband, are now livingtogether happily and that the entire matter was settled outof court. The other offences, with which the accused wasconvicted, are under sections 323, 324 and 341 of IPC whichare compoundable with the permission of the court. Offenceunder section 506(i) is also compoundable. Hence thepetitioners can file petitions to compound the offences.
Crl.M.A. No.8272/2012 has been filed by PWs 2and 3. PW3 is the wife of A1. PW2 is the sister of PW3.Since the parties have settled the matter amicably theyseek permission of the court to record composition of theoffences. Permission is granted. Aggrieved parties are Crl.R.P. No: 2948/2003-3-represented by their counsel. In the light of the abovesubmission, composition is recorded. The composition sorecorded shall have the effect of acquittal as provided undersection 320(8) of Cr.P.C.Sd/-N.K. BALAKRISHNAN,JUDGE//True Copy//P.A. to Judgejjj/ds
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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