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In Re: Annakamu Chettiar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revision Case No. 533 of 1958 and Crl. Revn. Petn. No. 508 of 1958
Judge
Reported inAIR1959Mad342; 1959CriLJ1084
ActsIndian Penal Code (IPC), 1860 - Sections 351, 352, 353 and 503
AppellantIn Re: Annakamu Chettiar
Appellant AdvocateT.R. Ramachandran, Adv.
Respondent AdvocateV.V. Radhakrishnan, Adv. for ;Public Prosecutor
Excerpt:
- - inthis case, however, the offence would clearly fallunder section 503 i......to kill the revenue inspector forlawfully distraining his properties, that would notamount to the offence of assault, for which he hasbeen convicted under section 353 i. p. c. i agree. ifthe words had been accompanied by any gesture --but unfortunately regarding which there is no evidence -- that would certainly amount to assault. inthis case, however, the offence would clearly fallunder section 503 i. p. c. namely, the offence of criminal intimidation. the illustration given in this section is appropriate to this case. 'a, for the purposeof inducing b to desist from prosecuting a civil suit,threatens to burn b's house. a is guilty of criminal intimidation.' the revision petitioner for the purposeof inducing the revenue inspector to desist from distraining his properties,.....
Judgment:
ORDER

Ramaswami, J.

1. It was argued by the learned counsel Mr. Ramachandran that when the revision petitioner threatened to kill the Revenue Inspector forlawfully distraining his properties, that would notamount to the offence of assault, for which he hasbeen convicted under Section 353 I. P. C. I agree. Ifthe words had been accompanied by any gesture --but unfortunately regarding which there is no evidence -- that would certainly amount to assault. Inthis case, however, the offence would clearly fallunder Section 503 I. P. C. namely, the offence of criminal intimidation. The illustration given in this section is appropriate to this case. 'A, for the purposeof inducing B to desist from prosecuting a civil suit,threatens to burn B's house. A is guilty Of criminal intimidation.' The revision petitioner for the purposeof inducing the revenue inspector to desist from distraining his properties, threatened to kill the revenueinspector, arid therefore he is guilty of criminal intimidation. The conviction is altered from Section 353I. P. C. to Section 503 I. P. C. The sentence is maintain-,ed. The revision petition is dismissed.


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