Kerala Court October 1952 Judgments
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State Vs. Krishna Pillai and
Court: Kerala
Decided on: Oct-27-1952
Reported in: 1953CriLJ1265
ORDERKoshi, C.J.1. The State has filed this petition to rectify certain illegalities concerning the sentence the learned Additional Sessions Judge of Quilon passed against accused 1 in Sessions Case No. 23 of 1951 on the file of the Quilon, Sessions Court. Two persons were tried in that case for commission of offences punishable under Sections 307 and 104, T.P.C. and Section 4(3), Travancore Explosive Act, Act 13 of 1116. While acquitting accused 2 of the offences with which he stood charged the learned Judge convicted accused 1 under Section 324, T.P.C. (Voluntarily causing hurt by dangerous weapons or means) and under Section 4(3), Explosive Act (Possession of dangerous explosives). In respect of the former offence he was sentenced to undergo rigorous imprisonment for one year and regarding the latter a fine of Rs. 100 was imposed. In default of payment of the fine he was to undergo rigorous imprisonment for three months, but the judgment directs that the substantive sentence under S...
Madhava Kurup Velayudha Kurup and ors. Vs. the State
Court: Kerala
Decided on: Oct-20-1952
Reported in: 1953CriLJ1394
Koshi, C.J.1. These three appeals arise from the Judgment in Sessions Case No. 13 of 1951 on the file of the Trivandrum Sessions Court. The learned Sessions Judge who tried the case found accused 1, Velayudha Kurup, guilty of causing grievous hurt with a deadly weapon to P.W. 1, Krishna Pillai and he was accordingly sentenced to undergo rigorous imprisonment for a period of 18 months. Appeal 23 is against that conviction and sentence. Accused 2, Sreedharan Pillai, has been found to have caused the death of P.W. 1's niece, Kunhilekshmi Amma by stabbing her with a pen-knife and also grievous hurt with the same weapon to P.W. 1. In respect of the former offence, namely, murder, he has been sentenced to undergo rigorous imprisonment for life and in respect of the latter to undergo rigorous imprisonment for 18 months. These sentences are to run concurrently. His appeal is Criminal Appeal No. 24. The remaining appeal, namely, Criminal Appeal 25, has been preferred by accused, 3, Madhavan Nai...
James Paul Alexandar Vs. James Arthur Ewards
Court: Kerala
Decided on: Oct-16-1952
Reported in: 1953CriLJ1236
Govinda Pillai, J.1. The revision petition was filed against the order of the court below, refusing to set aside the attachment placed on the property under Section 143, Criminal P.C. The proceedings started by the lower Court ended in a declaration of possession of the property in favour of one of the parties. In revision, that order was set aside by the High Court, and the lower Court was directed to be in possession of the property until the rights of the parties were settled in a civil suit. On the allegation that this matter was indirectly decided in O.S. 1 of 1124 on the file of the District Court of Nagercoil, the revision petitioner filed the petition in the lower court to give effect to the decree in that suit and to raise the attachment placed on the property. This was declined by the lower Court, and the order thus passed is now sought to be revised. A copy of the lower court's order was produced along with the revision petition; and the question arose as to what was the pro...
Pyli Yaccob Vs. the State
Court: Kerala
Decided on: Oct-15-1952
Reported in: 1953CriLJ1670
Koshi, C.J.1. Pyli Yaccob, accused 2 in Sessions Case No. 1 of 1952 on the file of the Parur Sessions Court, has preferred this appeal against the conviction and sentence passed against him by that Court. One Raman Padmanabhan, accused 1 and the appellant were arraigned before the learned Sessions Judge with commission of offences punishable under Sections 302, 394, 397 and 457, I.P.C. The charge for murder (302) against the appellant was one read with Section 34, I.P.C. the principal offender with respect thereof being accused 1. With reference to the offences under Sections 394 and 457 both accused were alleged to be principal offenders. Section 397 only prescribes the punishment for committing robbery or dacoity with attempt to cause death or grievous hurt. The learned Judge acquitted the appellant of the charge for murder read with Section 34 but convicted him of the offences under Sections 394 and 457. A sentence of seven years' rigorous imprisonment has been awarded with respect ...
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