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In Re: Attappa Goundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. No. 542 and Cri. Revn. Petn. No. 492 of 1949
Judge
Reported inAIR1951Mad759; (1951)IMLJ13
ActsIndian Penal Code (IPC), 1860 - Sections 95 and 341
AppellantIn Re: Attappa Goundan and ors.
Appellant AdvocateV. Rajagopalachari and ;E. Subramaniam, Advs.
Respondent AdvocatePublic Prosecutor
Excerpt:
- ordersomasundaram, j. 1. there is no evidence that the petnr. offered physical obstruction. it is doubtful whether, without physical obstruction, by mere words, a person can be said to commit an offence under section 341, i. p. c. even if it is considered an offence, still section 95, i. p. c. will apply. the conviction & sentence are set aside. the petnrs. are acquitted. the fines, if paid, will be refunded.
Judgment:
ORDER

Somasundaram, J.

1. There is no evidence that the petnr. offered physical obstruction. It is doubtful whether, without physical obstruction, by mere words, a person can be said to commit an offence under Section 341, I. P. C. Even if it is considered an offence, still Section 95, I. P. C. will apply. The conviction & sentence are set aside. The petnrs. are acquitted. The fines, if paid, will be refunded.


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