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In Re: Muthumada Nadan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1915Mad1214(2); 31Ind.Cas.347
AppellantIn Re: Muthumada Nadan
Cases ReferredSee Kadalkarayandi v. Emperor
Excerpt:
penal code (act xlv of 1860), section 300, exception 4 - use of knife--no rink of serious hurt to person using--offence. - 1. the use of a knife by the accused when there was no appreciable risk of even serious hurt to his person makes it difficult to hold that exception 4 to section 300, indian penal code, could apply to his case. see kadalkarayandi v. emperor 4 cr. l. rev. 373.2. on the evidence the learned sessions judge rightly convicted the appellant of murder. the sentence of transportation for life, passed on the appellant, being the lessor of the only two possible sentences for the offence, is confirmed and this appeal is dismissed.
Judgment:

1. The use of a knife by the accused when there was no appreciable risk of even serious hurt to his person makes it difficult to hold that Exception 4 to Section 300, Indian Penal Code, could apply to his case. See Kadalkarayandi v. Emperor 4 Cr. L. Rev. 373.

2. On the evidence the learned Sessions Judge rightly convicted the appellant of murder. The sentence of transportation for life, passed on the appellant, being the lessor of the only two possible sentences for the offence, is confirmed and this appeal is dismissed.


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