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1967 Supreme(Ker) 75

K.K.MATHEW
ISMAIL ABOOBAKER – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The accused in C. C. No. 13/1966 of the Sub Divisional Magistrate's Court, Ponkunnam, have filed the revision petition against the orders convicting them of offences punishable under S.363, 448 and 451 read with S.34 of the IPC., and sentencing each of them to undergo four months' simple imprisonment for offence under S.363.

2. The 2nd accused is the husband of Pw.1. A-1 and A-3 are the relatives of the 2nd accused. The 4th accused is a stranger. Pw-1 and A-2 have a male child, Sagar by name. At the relevant time he was aged 2 1/2 years. They were residing in the house of the 2nd accused. Pw.1 did not, however, like to live with the 2nd accused and so she along with the child went to her father's house; and at the time of the occurrence she was residing in her father's house with the child. On 6121965 at about 5 p.m. the 2nd accused along with the other accused came to the residence of Pw.1 and got into the court-yard of the house. At that time Pw.1 was sitting on the verandah of the house with the child. The prosecution case is that the 1st accused came and sat by the side of Pw.1 and then the 2nd accused asked him to do away with Pw.1 and take the child and come. Th





















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