Kerala Court March 1951 Judgments
Eapen Eapen and ors. Vs. State
Court: Kerala
Decided on: Mar-07-1951
Reported in: 1954CriLJ491
Kunhi Raman, C.J.1. In this Sessions Court of Mavelikara, in Sessions Case No. 27 of 1950 ten persons were charged under Sections 140, 141, 301, 326, 324 and 20, Travancore Penal Code. The case against them was that they or some of them brutally assaulted a man by name Gopala Pillai who died as a result of the attack. The learned Sessions Judge after hearing the evidence acquitted accused 4 to 10 on the ground that the versions given by the witnesses for the prosecution who posed as eye-witnesses could not be believed, because they were full of contradictions and improbabilities, But with regard to accused 1, 2 and 3 the learned Judge has chosen to accept the evidence of these self-same witnesses who were found to be not witnesses of truth and he has reached the conclusion that each of these three accused persons dealt severe blows on the body of Gopala Pillai and consequently they are liable under Section 324, Travancore Penal Code.After convicting them under Section 324 for the offen...
Tag this Judgment!Philippose Phillip Vs. Thomas George
Court: Kerala
Decided on: Mar-02-1951
Reported in: 1952CriLJ65
ORDERKunhi Raman, C.J.1. The second accused is the petitioner. The complainant has started criminal proceedings against five accuser persons and in the course of the hearing it is alleged that a petition was presented to the Magistrate stating that the offence alleged to have been committed by accused 1 and 2 have been compounded and that the complainant does not wish to proceed against the remaining accused. By a curious process of reasoning, the Court below has arrived at the conclusion that since the petition presented was not signed by all the accused persons, he could not take notice of the fact that so far as the second accused was concerned the offence has been compounded. This is erroneous in law. In similar circumstances, in the case reported in Thirumalai Naicken v. Elumalai 1938 Mad. W.N. 232 (1) the right of the complainant who had charged a number of accused persons with having committed compound able offences to enter into a compromise with one of the accused is recognize...
Tag this Judgment!Lakshmanan Velayudhan Vs. State
Court: Kerala
Decided on: Mar-01-1951
Reported in: 1952CriLJ909
Kunhi Raman, C.J.1. Criminal E.P. No. 302/ 1124 is brought on behalf of the State. The learned Public Prosecutor who appears for the State contends that the order made by the learned Sessions Judge of Nagercoil in Criminal M.P. No 115/1124 on the file of his Court was passed without jurisdiction. To appreciate this contention, it is necessary to set forth some of the salient facts briefly. The respondent is described as the Secretary of the South Travancore Salt Factory 'Workers' Union. Proceedings were initiated against him under Section 104, Travancore Code of Criminal Procedure, He was made to execute an interim bond on 30.5.1124, pending disposal of the case against him. Before the case was disposed of, it was alleged that he had violated some of the conditions of the bond, and thereupon on 28.6.1124 the Police Inspector of the locality moved the Magistrate who had taken the bond, for cancellation of that bond. On 5.7.1124, after examining the Inspector of Police who made the appli...
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