Court : Kerala
Reported in : AIR1964Ker314
S. Velu Pillai, J.1. This second appeal by the 15th defendant arises in a suit for declaration of title and possession. In a chitty which was conducted by the first defendant as foreman, one Janaki Amma the predecessor-in-interest of the plaintiff, and one Bhargavi the predecessor-in-interest of the defendants 11 to 14, were subscribers. Janaki Amma obtained Ext. P-2 decree against the first defendant for money due to her under the chitty, in execution purchased the property in schedule A which belonged to him on the 14th Makarom 1120, and assigned her rights to the first plaintiff, or the plaintiff shortly, who went into possession on the 31st Mithunam 1122. Bhargavi obtained Ext. P-9 decree against the first defendant for money due to her under the chitty, and in execution by Government for the court-fee payable, a portion of the property in Schedule A, specified as item 4 in Schedule B, was purchased by the 15th defendant who is the appellant here.The plaintiff's obstruction to the ...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker41; 1950CriLJ988
Koshi, J.1. These appeals arise out of the convictions and sentences passed by the Additional Sessions Judge, Quilon, on the five accused persons in Sessions case no. 36 of 1123 on the file of the Quilon Sessions Court. Each of them has filed a separate appeal. Thommi Anthoni, accused l has been convicted for the commission of the offence of culpable homicide not amounting to murder under part 2 of s, 303, Travaneore Penal Code, and sentenced to undergo rigorous imprisonment for four years. His appeal is Criminal Appeal NO, 35. Anthoni Vastyan, accused 5 has been convicted of abetting the conviction of the above offence by accused l and he has been sentenced to undergo rigorous imprisonment for two years. He has appealed in criminal Appeal No. 29. Augustine Yohannan, accused a has been convicted for. the commission of the offence of causing hurt with dangerous weapons punishable Under Section 324, Travanoore Penal Code and sentenced to undergo rigorous imprisonment for 18 months, made ...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker12; 1950CriLJ653
Koshi, J.1. This is an appeal by Government against the acquittal of accused 1 in Sessions ease no. 23 of 1123, on the file of the Sessions Court, Trivandrum, of the offence of murder. There were, in all, 3 accused persons in that case. Accused 1 was charged with causing the death of one Devadasan by stabbing him With a pen-knife and causing hurt to one Kunju. Bankaran (P.W. 2) who was Devadasan'a em-ployer. He was also stabbed with the same knife as killed Devadasan. Accused 2 and 3 were Obarged with abetment of the commission of these offences by accused 1. The learned Sessions Judge who held the trial acquitted accused 2 and 8 and found accused l not guilty of the offence Of murder. Though it was found on the evidence tbat Devadasan died as a result of the injury he sustained by accused 1 stabbing him with a pen. knife, the learned Judge held that accused l did it in the exercise of the right of private defence of his own body. Ho was therefore acquitted of murder. At the same time ...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker20; 1950CriLJ833
Koshy, J.1. The accused twenty two in number were charged before the Sessions Court, Quilon, with the offence of rioting armed with deadly weapons, for haying caused the death of two persona Mahamad Sha and Alim Khan and for having attempted to cause the death of one Azim Khan (P.W. 6) in furtherance of their common object. Charges were laid against each for the offences punishable under aSection 140, 801 and 307, Travancore Penal Code. Excepting accused 1 and 12 who have been acquitted, the others have been convicted and sentenced a3 follows, Accused 2 to 11 and 18 to 22 have been convicted for the offence of murder and in respect of the conviction for each of the two murders committed by them they have each been sentenced to undergo rigorous imprisonment for life. They have also been convicted Under Section 140, Penal Code, and they have each been sentenced to undergo rigorous imprisonment for one year. Accused 2 to 10 and 17 and as have been found guilty Under Section 307, Penal Cod...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker14; 1950CriLJ658
Govinda Menon, J.1. This appeal is filed by the accused in sessions Case no. 13 of 1124 on the file of the Alleppey Sessions Court. He was-driving a motor car registered as C. S no. 2556' on the night of 10-7-1122 along the Aroor-Alleppey road and at about 8-Bo P.M. the oar ran over one Sridharan pillai who died as a result of the injuries sustained by him. He was, therefore, charged with the offences of having driven1 a motor vehicle on a public way rashly and negligently so as to endanger human life and of having oaused the death of Sridharan Pillai by his rash and negligent act of driving. These ar& offences falling under S3.377 and 304, Travancore Penal Code. The appellant was found guilty under both the sections and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 50. This appeal is filed against the said conviction and sentence.2. The oar was proceeding north to south on a straight road and Sridharan Pillai was coming in the opposite direc...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker5; 1950CriLJ569
Govinda Menon, J.1. The first accused in Sessions Case No. 14 of 1123 on the file of the Nagercoil Sessions Court has been convicted for the offences falling Under Sections 469 and 473, Travancore Penal Oode, and he has been sentenced to undergo rigorous imprisonment for three years. This appeal is directed against the said convic tion and sentence. One Boothathan Padmana-bhan was the complainant in this case. He did not live to give evidence at the trial. His evidence before the Committing Magistrate'9 Court as P.W. 3 has been proved as Ex. 9. His son was examined as P.W. 9. Kali Booths-than waa the father of the complainant and to him belonged a sixth share in survey no, 5475 of Nattalam Pakuthy and it stood included in Ex. J, a joint patta, issued to him and Subra-manian Narayanan who owned a third of the property between them. Kali Soothathan left six sons and eaoh of them had an equal share in the one-sixth of the property owned by him. The complainant bad therefore l/36th share i...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker83; 1950CriLJ1536
ORDERKrishna Pillai, C.J.1. The reference arises under Section 9, Travancore Newspapers Act (V [5] of 1101) upon a petition presented by the printer and publisher of the newspaper called the Malayans questioning the legality of an order passed by Government whereby the license granted to the said newspaper wan cancelled. The notice given Under Section 6 of tha Act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred and contempt, the Government of Travancore, (ii) to promote feelings of enmity or hatred between the several classes of the people in Travancore, (iii) to involve habitual publication of defamatory matter punishable Under Section 603, Travancore Penal Code, (iv) dissemination of false information, and (v) publication of matter which is obsoene in character These, if correct, would bring the publications within the miachief Section 5 of Sub-section (i)(a), (i)(a), (ii)(...
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