ULAHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE three revision petitioners were tried by the First class Magistrate, Ponkunnam for offences under S. 224, 225 and 332 read with s. 114 I. P. C. THE first petitioner was convicted under S. 224 and sentenced to undergo simple imprisonment for three months. Petitioners 2 & 3 were convicted under S. 225 read with R. 114 & S. 332 and sentenced to three months' simple imprisonment under each court. THEy appealed to the Sessions judge, Kottayam who while maintaining the sentence, altered the conviction of the first petitioner into one under S. 225b, IPC. and to S. 225b read with S. 114 and S. 353 in the case of petitioners 2 & 3. Dissatisfied with the result of the appeal, the petitioners have now approached this court in revision.

(2.) THE facts of the case are simple. It is alleged that the first accused is the judgment-debtor in O. S. 381 of 1950 on the file of the kottayam Munsiff's Court which was being executed in the Kanjirappally munsiff's Court. THE Munsiff deputed an amin (Pw. 1) and two process servers (Pws. 2 and 3) to arrest one "ouseph Ulahannan of Puthuparambil, kanjirapally Pakuthy, Kanjirapally Kara". On 9-1-1959 at 11 A. M. the first accused was arrested by Pw. 1 assisted by Pws. 2 and 3 from near the culvert at Kanjirappally junction. THE accused resisted and while he was being taken to the court accused 2 and 3 forcibly released accused 1 from the hold of pw. 2 and as a result accused 1 escaped from the lawful custody of the Amin and the process servers.