Kerala Court July 1954 Judgments
Travancore-cochIn State Vs. Madhavan
Court: Kerala
Decided on: Jul-28-1954
Reported in: 1955CriLJ328
ORDERKumara Pillai, J.1. This reference raises the question whether the committal order made by the Enquiry Magistrate is not bad for non-compliance with. the mandatory provision contained in Section 464, Criminal P. C. There can be no doubt that the answer should be in the affirmative. The Magistrate felt that before proceeding with the preliminary enquiry in the case in which the accused stands charged with the offence of murder, he should be satisfied as to the sanity of the accused, so that he could be taken to be able to participate in such enquiry.The mode in which such enquiry is to be conducted is indicated in Section 464 and it expressly states that the Medical Officer who issues the certificate about the mental condition of the accused, should be examined in addition to other enquiry that may be thought necessary. The Magistrate did not comply with this provision and the preliminary enquiry was conducted in violation of the direction in the section. The committal order is bad...
Tag this Judgment!Velayudhan Nadar Kutti Nadar Vs. State
Court: Kerala
Decided on: Jul-23-1954
Reported in: 1955CriLJ310
Koshi, C.J.1. Velayudhan Nadar Kutti Nadar, who was accused No. 4 in Sessions Case No. 13 of 1953 on the file of the Nagercoil Sessions Court, has preferred this appeal against his conviction by the learned Sessions Judge for commission of offences punishable Under Sections 489-B and 489-C, Penal Code, and the sentences passed therefor. For the offence Under Section 489-B the appellant has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500, In default of payment of the fine, he is to undergo rigorous imprisonment for a further period of six months. On the other count, namely, the offence Under Section 489-C, a sentence of three years' rigorous imprisonment has been passed.2. Seven other persons were jointly tried with the appellant for commission of similar offences, but all of them except accused No. 6 were acquitted by the learned Sessions Judge. Accused No. 6 has preferred Criminal Appeal No. 43 of 1954 against his conviction and sentence. T...
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