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In Re: Attappa Goundan and ors.

Type Court Judgment Court Chennai Decided Oct 10, 1950
~1 min read
https://sooperkanoon.com/case/795692

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Criminal Revn. No. 542 and Cri. Revn. Petn. No. 492 of 1949
Subject
Criminal

Case Summary

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

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Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC), 1860 - Sections 95 and 341

Parties & Advocates

Appellant / Petitioner

In Re: Attappa Goundan and ors.

Advocate V. Rajagopalachari and ;E. Subramaniam, Advs.

Respondent

Advocate Public Prosecutor

Legal References

Acts
Indian Penal Code (IPC), 1860 - Sections 95 and 341
Reported In
AIR1951Mad759; (1951)IMLJ13

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.

Full 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.

Continue Your Research

Same Parties In Re: Attappa Goundan and ors. vs Same Subject Criminal Same Judge Somasundaram, J. Acts & Sections Indian Penal Code (IPC), 1860 - Sections 95 and 341
Criminal no evidence set aside A person

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