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1962 Supreme(Ker) 160

ANNA CHANDY
Ahmed Kutty – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
V.R. Krishna Iyer and M.M. Abdul Khader, for Petitioner; State Prosecutor, for the State.

ORDER :

The petitioner was convicted by the Sub-Divisional Magistrate Malapuram under Section 211 Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. He unsuccessfully appealed to the Sessions Judge, Kozhikode and has now moved this Court in Revision.

2. The Prosecution alleged that the petitioner a prominent worker of the Communist Party falsely accused P. Ws. 8 and 9 of having murdered Kunhi Mohammed (P. W. 1) by beating him and throwing his body into the river, knowing fully well that no such thing had taken place. P. W. 1 who took a room belonging to P. W. 8 on rent allowed the rent to fall into arrears. According to the prosecution he voluntarily surrendered the room on 8-9-1959 at 4 P. M, and handed over the key to P. W. 8. The accused and D. W. 3 another prominent member of the Communist Party approached P. W. 1 and pressed him to disappear from the place and sent him to his father-in-law's house at Cherubadi in Nilgiris. Thereafter the accused with the intent to cause injury to P. Ws. 8 and 9 started criminal proceedings against them by sending a petition Ext. P-4 to the police alleging that Kunhi Mohammed was manhandled and forcibly evicted from t
















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