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Kerala Court October 1950 Judgments

Oct 24 1950

State Vs. P.M. Varkey

Court: Kerala

Decided on: Oct-24-1950

Reported in: 1951CriLJ1075

1. This appeal is brought on behalf of the State from the order of acquittal made by the Stationary First Class Mag. of Moovattupuzha in C. C. No. 714 of 1124 on the file of his Ct. The complainant was P.C. 355 N. Chellappan Pillai attached to the Moovattupuzha Police Station. The accused P. M. Varkey was driving a Motor lorry loaded with tiles. The charge against him was that he had committed an offence under Section 107 lead with Section 83 (1)(a), Travancore Motor Vehicles Act, I (1) of 1117. The trial Ct. acquitted the accused under Section 242 (1), Travanoore Cr. P.C. On behalf of the State it is contended by the learned Public Prosecutor that the Ct. below erred in acquitting the accused in view of the provisions of Section 63(1)(a), Travancore Motor Vehicles Act, I [1] of 1117.2. To appreciate the contentions urged on behalf of the State & of the accused it is necessary to set forth briefly the facts of the case which are as follows : At about 2.20 P. M. on 6 7-1124 the accused ...

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Oct 10 1950

Kunjamma Paru Vs. State and anr.

Court: Kerala

Decided on: Oct-10-1950

Reported in: 1951CriLJ641

ORDERGovinda Pillai, J.1. One Kandankali Bhaskaran was Accused a in see. case No. 5 of 1123 on the file of the Ses. Ct, Alleppey. He along with others was convicted by the Additional Sea. J. under Section 301, Travanoore P.C. & sentenced to R. I. for six months. He was also convicted under Section 324, Travancore P.C. & sentenced to R. I. for another six months. Both these sentences were directed to run concurrently. He preferred an appeal before the Travancore H, Ct., against the conviction it sentence, in Cr. App. no. 8(5 of 1123. The State preferred an App. No. 125 of 1123 against him questioning the order of acquittal under other sections for which he was tried. The legality of the sentence passed under Section 301, Travancore P.C. had also been questioned. This Ct. in Calendar Revision bad issued notice because of the illegal sentence passed by the Additional Sea. J. Notice of the appeal & Calendar Revision was served on him fixing the date of hearing on 2-3-1124. By this time, he...

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Oct 06 1950

Kassim Pillai Assnaru Kutty and ors. Vs. State

Court: Kerala

Decided on: Oct-06-1950

Reported in: 1953CriLJ75

Koshi, J.1. These seven Criminal Appeals arise from Sessions Case No. 19 of 1950 on the file of the Quilon Sessions Court. The appellants were accused Nos. 1 to 5 and 7 and 8 in that case and together with accused No. 6 they were committed by the First Class Magistrate, Karunagappally, to stand their trial before the Quilon Sessions Court for commission of offences punishable under Sections 140 and 301 of the Travancore Penal Code read with Sections 28 and 141. The occurrence complained of took place at Kulasekharapuram. The case against the accused is that on the fore-noon of 21st Meenam 1123 at about 10 A.M. they formed themselves into an unlawful assembly armed with deadly weapons and that in furtherance of the common object of that assembly they caused the death of one Hydrose Kunju by beating him with deadly weapons like iron rod, wooden sticks, etc. and by cutting and stabbing him with sharp and deadly instruments like chopper, dagger, and pen-knife. The learned Additional Sessio...

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