The Public Prosecutor Vs. Thandavan Chetty

.....that the legislature intended that there would be automatic stay of recovery proceedings by bank under section 13(4) on filing an appeal by borrower under section 17. use of the expressions if and then under section 17 would not mean that the bank can take one or more measures laid down under section 13(4) only if the tribunal declares that the action taken already is in accordance with the provisions of the securitisation act and the rules made thereunder. use of the word if does not connote a condition precedent. it is a recognised rule of interpretation of statutes that expressions used therein should ordinarily be understood in a sense in which they harmonized with the object of the statute and which effectuate the object of the legislature. the provisions of section 17 must, therefore, receive such construction at the hands of the court as would advance the object and at any event not thwart it. in other words, the principle of purposive interpretation should be applied while construing the said provisions. the securitisation act is enacted to provide a speedy and summary remedy for recovery of thousands of crores which were due to the banks and financial institutions. 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.