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The Public Prosecutor Vs. Thandavan Chetty - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.671
AppellantThe Public Prosecutor
RespondentThandavan Chetty
Excerpt:
.....xlv of 1860), section 300 (3) - murder--medical opinion based on misconception of facts, value of--injury likely to cause death. - 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..........under section 300 (3), of the indian penal code the offence is ordinarily murder if the bodly injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. the accused in addition to other wounds inflicted a stab in the back one inch deep which pierced the pleura. this, in our opinion, was an injury sufficient in the ordinary course of nature to cause death. the medical officer, thinking the wound was only half an inch deep, stated in the wound certificate that the wounds were not serious. before the magistrate he deposed in answer to a question that that he had made this statement, but cannot, we think, have intended to repeat it in the light, of the fuller information obtained afi the post mortem examination. if the wound was of the serious.....
Judgment:

1. The Sessions Judge has not considered the provisions of a law applicable to this offence having regard to the nature of the injuries inflicted by the accused. Under Section 300 (3), of the Indian Penal Code the offence is ordinarily murder if the bodly injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. The accused in addition to other wounds inflicted a stab in the back one inch deep which pierced the pleura. This, in our opinion, was an injury sufficient in the ordinary course of nature to cause death. The Medical Officer, thinking the wound was only half an inch deep, stated in the wound certificate that the wounds were not serious. Before the Magistrate he deposed in answer to a question that that he had made this statement, but cannot, we think, have intended to repeat it in the light, of the fuller information obtained afi the post mortem examination. If the wound was of the serious character indicated, it cannot, in our opinion, be seriously suggested that there was any provocation which would take the case out of the section. 'We allow the appeal, convict the accused of murder under Section 302 of the Indian Penal Code, and sentence him to transportation for life.


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