Kerala Court February 1951 Judgments
Augustinju Anthrayose Vs. State
Court: Kerala
Decided on: Feb-26-1951
Reported in: 1954CriLJ684
Kunhi Raman, C.J. 1. The 12th accused is the appellant. The learned Judge has found that he is liable on the ground of constructive responsibility for offences committed by certain other members of the unlawful assembly because he was found at the place of meeting. He has also found that he is guilty under Section 456, Travancore Penal Code because he committed house-breaking by entering the house where P. W. 2 was hiding and assaulted him. There was no charge of assault framed against this accused. Therefore, the learned Judge accepted the evidence of P. W. 16 and has recorded a finding that he committed house-breaking under Section 456. But P. W. 2 himself does not mention the name of the 12th accused as one of the persons who broke into the room where he was hiding. He said in his evidence that he knows the names of the people who had entered the room by breaking open the door and in the list given by him in his evidence the name of the 12th accused does not find a place. Therefore,...
Tag this Judgment!Kela Ettiathi Vs. Ettiathi Narayanan and ors.
Court: Kerala
Decided on: Feb-02-1951
Reported in: 1954CriLJ336
ORDERKunhi Raman, C.J.1. This revision petition is brought from the decision of the lower appellate Court setting aside the conviction of five accused persons under Sections 450 and 507, Travancore Penal Code, and directing their acquittal. The learned Counsel for the complainant who is the petitioner here invites the attention of the Court to the provisions of Section 349, Clause (2) of the Travancore Code of Criminal Procedure. The petitioner's case is that in the Magistrate's Court, the prosecution was started on a private complaint and the complainant was in charge of the case for the prosecution in that Court. The Magistrate convicted the accused and sentenced each of the accused to a fine of Rs. 20.They appealed to the Sessions Judge of Parur and when that appeal was filed, instead of giving notice to the complainant, the learned Judge gave notice to the Public Prosecutor who appeared at the hearing of the appeal. On hearing the advocate for the accused-appellants and the Public ...
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