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In Re: Muthumada Nadan

Type Court Judgment Court Chennai Decided Sep 13, 1915
~1 min read
https://sooperkanoon.com/case/816904

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Penal Code (Act XLV of 1860), Section 300, Exception 4 - Use of knife--No rink of serious hurt to person using--Offence. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Muthumada Nadan

Legal References

Cases Referred
See Kadalkarayandi v. Emperor
Reported In
AIR1915Mad1214(2); 31Ind.Cas.347

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.

Full 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.

Continue Your Research

Same Parties In Re: Muthumada Nadan vs Same Subject Criminal Same Judge Sadasiva Aiyar and ;Phillips, JJ.
Criminal

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