SOMANATHAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals arise out of the judgment of the Additional Sessions Judge,Kottayam in Sessions Case 36 of 1964.Criminal Appeal 173/64 is by accused 3 and 4 who were convicted under S.392 and 353 I.P.C.and Criminal Appeal 252/64 is by the State against the acquittal of accused 1,2,5 and 6 of all offences and against the acquittal of accused 3 and 4 of the offences under S.395,120B and 342 I.P.C.

(2.) The facts of the case shortly stated is as follows:

(3.) Accused denied commission of the offence.According to the fourth accused the Amin P.W.1 came to the bus stand and wanted to attach the bus,but he told him that the bus belonged to one K.M.Thomas and without his permission he cannot deliver the bus to him.As directed by the Amin he took the bus to Kottayam.From there they went to see the owner K.M.Thomas,PWs 1 and 2 and the manager of the M.T.Company followed in a car.Whey they met K.M.Thomas and told him about the warrant of attachment K.M.Thomas told the Amin that the bus belonged to him and cannot be attached and taken into custody and so PWs 1 and 2 returned and it is his case that subsequently this false case has been got up against him.The third accused also denied the commission of the offence.