Court : Chennai
(Prayer: Appeal against the judgment, dated 21.04.2015, made in S.C.No.403 of 2010 on the file of Principal Sessions Court, Villupuram.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.403 of 2010 on the file of Principal Sessions Court, Villupuram. He stood charged for the offence under Section 302 IPC. By judgment, dated 21.04.2015, the trial Court convicted him for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.10,000/-; in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows : 2.1. The deceased in this case was one Mrs.Anitha. The accused is her husband. It was a love marriage between the accused and the deceased. The deceased was working as a teacher in a Government School, whereas the accused had no work and no income. But, the accused was spending la...
Tag this Judgment!Court : Chennai
..... this court in suyambu kkani v. state (1989 (1) l.w criminal 86) wherein, the division bench of this court in an identical situation has held that the accused had acted out of sustained provocation falling within the scope of first exception to section 300 i.p.c. 15. applying the same yardstick to the present case, we hold that the ..... act of the accused in causing the death of d.1 and d.2 would squarely fall within the first exception to section 300 i.p.c., and since, it would .....
Tag this Judgment!Court : Chennai Madurai
..... what measures, substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the act......the court cannot sit in judgment over the wisdom of the policy evolved by the legislature and the subordinate regulation-making body. it may be a wise policy ..... be appointed as examiners. this process is certainly time consuming but it would further the ends for which the examinations are held. the chief examiner is supposed to act as a safety valve in the matter of proper assessment. 9. therefore it is appropriate to direct the respondents to revalue the answer sheet of tamil second paper ..... be appointed as examiners. this process is certainly time consuming but it would further the ends for which the examinations are held. the chief examiner is supposed to act as a safety valve in the matter of proper assessment. 9. one thing which cannot be lost sight of is the marginal difference of marks which decide the .....
Tag this Judgment!Court : Chennai
..... been utilised by the first petitioner dayalan for his own use and thereby the defacto complainant was subjected to unlawful loss. by virtue of such an act, the first petitioner-dayalan in conspiracy with the other accused, has successfully created an encumbrance over the lands in question and the defacto complainant, as ..... defacto complainant, have been sold by the first petitioner-dayalan in favour of krishnamoorthy, who is his close relative. thus, the first petitioner-dayalan has acted with a deceptive intention to cheat and defraud the defacto complainant company. the first petitioner-dayalan, without cancelling the agreement entered into with the defacto ..... attracted. the learned senior counsel for the petitioners/accused would therefore contend that even according to the case of the prosecution, the accused did not act with a culpable intention to deceive the defacto complainant either with a false promise or misleading representation intentionally. while so, the offence of cheating is .....
Tag this Judgment!Court : Chennai
..... same occurrence. when the evidences of p.w.1 and the other eye witnesses are cogent and convincing and when the presumption raised under section 114 of the indian evidence act from and out of the fact that these two accused were found in possession of m.os.3 and 4 soon after their arrest remains unrebutted, the mere delay in ..... one and the same transaction, we have to presume that the accused were the perpetrators of the entire crime. of course, this presumption under section 114 of the indian evidence act is rebuttable. but, the accused have not rebutted the said presumption either by means of any direct evidence or by any circumstantial evidence. thus, this unrebutted presumption is sufficient to ..... .3 and 4. the recovery of m.os.3 and 4 from the possession of the accused would give rise to a presumption under section 114 of the indian evidence act that these accused had only removed the m.os.3 and 4 from the body of the deceased. since it has been established that removal of m.os.3 and .....
Tag this Judgment!Court : Chennai
..... witnesses. there is no other independent witnesses examined. in such circumstances, unless, the evidence of these witnesses inspire the fullest confidence of this court, it will not be safe to act upon their evidence. as we have already concluded, the unexplained, enormous delay in the f.i.r, creates doubt in the verocity of p.w.1 and p.w.2 .....
Tag this Judgment!Court : Chennai
..... with the duties of conducting investigation of offences or classes of offences committed in connection with the departments of central government, including specially important cases under the defence of india act and rules, particularly of hoarding, black-marketing and profiteering in essential commodities and the collection of intelligence relating to certain types of crimes, participation in the role of national crime ..... huge sum of hawala money and they are not only punishable for the offences under the indian penal code, but also for the offences punishable under the prevention of corruption act. therefore, the respondents alone have jurisdiction to register the complaint and take action in accordance with law. the petitioner sent complaint, dated 30.05.2016 to the respondents, but till .....
Tag this Judgment!Court : Chennai Madurai
..... course of employment - the two teachers were assigned to escort the students: the reason obviously being - the children should otherwise be safe and secure and it is the act of utter negligence of the two teachers which has resulted in this unfortunate tragedy and thus it is no gainsaying that the teachers were on their own frolic and the ..... clearly shows that the writ petitioner was beaten by the seventh respondent with a stick. the minor petitioner sustained injury on her right eye solely on account of the inhuman act of the seventh respondent. 10. the institution in question was recognized by the government. but, for the recognition, it would not be possible for the sixth respondent to ..... 's right eye on 01.03.2012.) 1. this writ petition is at the instance of a minor, who lost her right eye, on account of the inhuman act of beating with a stick by her teacher, seventh respondent herein. the minor has come up with this writ petition through her mother for a direction to the respondents .....
Tag this Judgment!Court : Chennai
..... caused the death of the deceased by stabbing the deceased indiscriminately. 15.now, the question is what is the offence that has been committed by the accused by the above act ? . as we have already pointed out, the accused would have had no intention at all to kill the deceased. his intention was only to persuade the deceased and to take ..... deeds of the deceased, having lost his control of mind, he had taken the knife and stabbed the deceased. thus, the act of the accused would fall under the first exception to section 300 i.p.c. since, the act of the accused would fall under the third limb of section 300 i.p.c., he is liable to be punished for .....
Tag this Judgment!Court : Chennai
..... , namely, senthil kumar and salem range deputy inspector general of police mrs.vidhya kulkarni are pressurizing her to implicate innocent persons who were remaded by her under goonda act, but she was resisting to do so. thereafter, the appellant's wife received phone message on 18.09.2015 at about 5.23 p.m. from the ..... elite police organisation in the state of tamil nadu, is seized of the matter and the police investigation cannot be suspected without adequate grounds thereof. approving the said act, the case of the writ petitioner came to be dismissed as against which this writ appeal is filed. 5. it appears that in the murder case of gokul ..... to investigate the matter. 8. learned senior counsel appearing for the appellant, relying upon the police act, 1861 and also explaining various provisions with regard to hierarchy in the police department, especially, referring to section 2 of the act, would contend that the entire police under the state government shall be deemed to be one police .....
Tag this Judgment!