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1964 Supreme(Ker) 196

ANNA CHANDY
Raman Pillay – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Accused 1 to 3 brothers, accused 4 their father, accused 5 their mother and accused 6 their sister have all been tried under S.148,149, 326, 341 and 294-B, IPC. by the Nedumangad First Class Magistrate who acquitted accused 4 to 6 of all the charges and convicted accused 1 to 3 under S.326 and 324 IPC. The three convicted accused unsuccessfully appealed before the Trivandrum Additional Sessions Judge and are now seeking to get the order vacated in revision.

2. The prosecution alleges that long-standing disputes existed, between the accused and Pw.1 the son of the fourth accused's deceased brother Gangadharan Pillai, regarding the title and possession of 1 acre and 88 cents of land. Accused 4 filed a suit against Pw.1 and his brother and obtained a decree declaring his title to half the property and possession of the whole. Accused 4 appealed against the decree to the District Court and obtained an injunction restraining Pw.1 and others from entering the properties. In spite of the order of injunction, they were disturbing the possession of the accused and the fourth accused had to petition the Executive First Class Magistrate on the 10th April 1963. The petition was e






















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