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In Re: Annakamu Chettiar

Type Court Judgment Court Chennai Decided Nov 14, 1958
~1 min read
https://sooperkanoon.com/case/792855

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Criminal Revision Case No. 533 of 1958 and Crl. Revn. Petn. No. 508 of 1958
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - Inthis case, however, the offence would clearly fallunder Section 503 I.

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC), 1860 - Sections 351, 352, 353 and 503

Parties & Advocates

Appellant / Petitioner

In Re: Annakamu Chettiar

Advocate T.R. Ramachandran, Adv.

Respondent

Advocate V.V. Radhakrishnan, Adv. for ;Public Prosecutor

Legal References

Acts
Indian Penal Code (IPC), 1860 - Sections 351, 352, 353 and 503
Reported In
AIR1959Mad342; 1959CriLJ1084

Excerpt

- - inthis case, however, the offence would clearly fallunder section 503 i.orderramaswami, 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.

Full 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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