AHMED KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was convicted by the Sub-Divisional Magistrate Malapuram under section 2ii 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 P. 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 Cherub ad i 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 -. f to the police alleging that Kunhi Mohammed was manhandled and forcibly evicted from the shop by them and is not to be seen in the locality. The Malapuram Police registered a case against P. Ws. 8 and 9 and others under Sections 148, 323,. 448 and 426 Indian Penal Code. The case was investigated by P. W. 14 the Sub-Inspector and P. W. n the Circle Inspector and referred as false. That gave rise to the charge under Section 2ii Indian Penal Code against the accused which ended in his conviction.

(3.) THE correctness of the conviction of the accused is challenged on several grounds. Before dealing with the points raised by the learned defence counsel the charge framed against the accused in this case may be referred to. The charge reads as follows : -