Kerala Court March 1952 Judgments
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Govindan Nair Balakrishnan Nair Vs. State
Court: Kerala
Decided on: Mar-21-1952
Reported in: 1952CriLJ1523
Koshi, C.J.1. The short point for decision in this Original Petition is whether a proceeding initiated under the preventive sections of the Criminal Procedure Code cannot be proceeded with after the expiration of the period mentioned in the preliminary order. On 25.8.1124, the First Class Magistrate of Meenachil initiated proceedings under Section 103 of the Travancore Criminal Procedure Code (Section 107 of the Criminal Procedure Code Act V of 1898) against the petitioner and 12 others to show cause why they should not be bound down to maintain the peace for a period of one year. The notice of, the preliminary order was issued on 23.10.1124 and 4.11.1124 was the date fixed for the appearance of the parties. The preliminary order or the notice did not specify when the period of one year was to commence. It would appear that in a revision filed against an interim order for security passed under Section 117 (Section 113 in Travancore Code) the proceedings remained stayed from Mithunam 11...
Kuruvila Joseph Vs. State
Court: Kerala
Decided on: Mar-20-1952
Reported in: 1952CriLJ1290
Koshi, C.J.1. The appellant has been convicted by the learned Sessions Judge of Parur of two offences of murder and four offences of attempt to murder. For each offence of murder he has been sentenced to undergo rigorous imprisonment for life. With respect to the attempts to commit murder, as regards the attempts made on the lives of Pws. 1 and 7 he has been sentenced to undergo rigorous imprisonment for five years in each case. As for the remaining two attempts, namely those on the lives of P.W. 3 and Ulahannan, a brother of the appellant, the sentence awarded is two months' rigorous imprisonment for each offence. The appellant has hence been awarded two sentences of life imprisonment (rigorous) and fourteen years' rigorous imprisonment in addition. These sentences are directed to run concurrently. The appeal is against the above convictions and sentences.2. In the view we take that the interests of justice demand the convictions and sentences passed upon the appellant by the lower co...
State Vs. Kunjan Pillai Aiyappan Pillai
Court: Kerala
Decided on: Mar-18-1952
Reported in: 1952CriLJ930
Joseph Vithayathil, J.1. The question raised in this petition relates to the jurisdiction of the High Court to review or alter its judgment in a criminal case. The Petition is filed by the State under Section 470 of the Travancore Code of Criminal procedure to modify the direction in the judgment in Referred Trial No. 20 of 1123 and Criminal Appeal No. 136 of 1123 on the file of the erstwhile Travancore High Court. The judgment in that case was by a Bench of that Court consisting of Sankarasubbier & Habeeb Mohammed, JJ. The accused was convicted by the Sessions Court of Parur of offences punishable under Sections 301, 326 and 324, T.P.C., for murdering his wife's brother and for causing grievous hurt to his wife and simple hurt to another brother of his wife, and was sentenced to rigorous imprisonment for life for the offence under Section 301, rigorous imprisonment for one year for the offence under Section 326 and rigorous imprisonment for 3 months for the offence under Section 324, ...
Mathai Mathew Vs. State
Court: Kerala
Decided on: Mar-12-1952
Reported in: 1952CriLJ1304
Sankaran, J.1. The appellant is the accused In Sessions Case No. 18 of 1951 on the file of the Sessions Court at Parur. He stood charged for the offence of murder punishable under Section 302, Indian Penal Code. After considering the evidence in the case, the learned Sessions Judge found that the act proved against the accused did not amount to the offence of murder, but only to culpable homicide not amounting to murder. Accordingly the accused was convicted under Part I of Section 304, I.P.C. and sentenced to undergo rigorous imprisonment for 7 years. It is against such conviction and sentence that the accused has preferred this appeal.2. The case against the accused is that at about 10 O'clock on the night of 2.5.1124 the accused attacked deceased Ulahannan Ouseph alias Kunju, inflicted a deep cut on the right side of his neck with a knife and thus caused his death. The occurrence is stated to have taken place at the point marked A in the Arappamattom lane in Thondikuzha Kara, Kariko...
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