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The Public Prosecutor Vs. Kolangaret Imbichikuttam - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad629(2); 29Ind.Cas.670
AppellantThe Public Prosecutor
RespondentKolangaret Imbichikuttam
Excerpt:
.....section 307 - discharging loaded gun from short distance--causing injuries which might have proved fatal--offence. - securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 [c.a. no. 54/2002]section 17; power of tribunal to impose condition relating to deposit for grant of stay of auction held, there is no specific provision made under section 17 of securitisation act or under any other provisions of the said act empowering the tribunal to pass any interim order. but under sub-section (12) of section 19 of the recovery of debts due to banks and financial institutions act, 1993, the tribunal has been empowered to pass various interim orders. if sub-section (7) of section 17 of securitisation act is read along with sub-section (12) of section 19 of.....1. we think the accused should have been convicted under section 307, indian penal code. the finding is that he intentionally discharged a loaded gun at the complainant from a short distance and inflicted injuries which might well have been of a fatal character. in the circumstances, we convict the accused under section 307 and enhance the sentence from two to three years rigorous imprisonment at the same time remitting the fine of rs. 100.
Judgment:

1. We think the accused should have been convicted under Section 307, Indian Penal Code. The finding is that he intentionally discharged a loaded gun at the complainant from a short distance and inflicted injuries which might well have been of a fatal character. In the circumstances, we convict the accused under Section 307 and enhance the sentence from two to three years rigorous imprisonment at the same time remitting the fine of Rs. 100.


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