Court : Chennai
(Prayer: This Criminal Appeal has been preferred to set aside the conviction and sentence imposed vide judgment dated 13.04.2015 made in S.C.No.74 of 2012 on the file of the District and Sessions Judge, Nagapattinam, by allowing this appeal.) S. Nagamuthu, J. 1. The appellant is the first accused in S.C.No.74 of 2012 on the file of the learned District and Sessions Judge, Nagapattinam. There were two other accused, by name, Vaithialingam and Thiyagarajan, who were arrayed as Accused 2 and 3. During the pendency of the trial, the third accused died and thus, charges against him stood abated. The Trial Court framed as many as three charges. The first charge was against the first accused under Section 302 IPC; the second charge was against the second accused under Section 302 r/w 34 IPC and the third charge was under Section 324 IPC against the second accused. By judgment dated 13.04.2015, the Trial Court convicted the first accused under Section 302 IPC and sentenced him to undergo impri...
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..... was a quarrel between the deceased and the accused and it was only in that quarrel, the accused had pulled her hair and dashed her head against the wall. this act of the accused, in our considered view would squarely fall within the fourth exception to section 300 i.p.c. since the accused would not have intended either to cause ..... and none else. 12. having come to the said conclusion, now we have to examine as to what was the offence that was committed by the accused by the above act. admittedly, there was no motive for the accused to do away with the deceased. almost it was usual for the accused and deceased to quarrel and on the day of ..... death or cause any bodily injury, but had knowledge that his act would be imminently dangerous to cause the death of the deceased, the act of the accused would fall within the 4th limb of section 300 i.p.c. since it would also fall under the fourth exception .....
Tag this Judgment!Court : Chennai
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandumus to quash the order of the Hon'ble Central Administrative Tribunal, Madras Bench made in O.A.No.1041 of 2003 dated 14.10.2004 confirming the order of the 2nd respondent herein made in No.EP-13(16)/T3-ECD-1 dated 31.05.2002 after calling for the records and direct the 2nd respondent herein to extend the scheme of five yearly assessment for promotion on merit to the petitioner and advance increment in conformity with Dr.Ramamurty's Reviewing Committee report which has already been extended to ICMR Scientific Staff with effect from 01.01.1990 and consequently pay the arrears of salary and to grant promotion to the petitioner in conformity with Rule 8 of the Department of Health [Group 'A' Gazetted Non-Medical Scientific and Technical Posts] Insitu Promotion Rules, 1990 with effect from 01.01.1990 and pay the arrears of salary with interest.) P. Kalaiyar...
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..... incriminating materials available to show that the accused caused the accident with an intention. except the incriminating materials for framing the charge under section 184 of the motor vehicles act, nothing is available to frame the charge under section 308 of ipc. 19. section 308 of i.p.c. reads as follows:- "308. attempt to commit ..... any evidence let in for showing that the appellant had the knowledge that by manufacturing bombs death would possibly be caused to any human being without any other act being done. 12. we may also point out that the prosecution has not brought out any circumstance by which the court could remotely attribute knowledge to the ..... 338 ipc (2 counts), 337 and 308 of ipc, and subsequently, it was altered to section 308 of ipc (3 counts) and section 184 of the motor vehicles act. the complaint given by the complainant viz., subramani reads as follows:- ( tamil ) other witnesses also, in their evidence, have reiterated the similar statements. even according to the .....
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..... extra judicial confession inspires the fullest confidence of the court, even in the absence of corroboration from any independent sources on material particulars, there would not be any hurdle to act upon the said extra judicial confession. it is only in a case where the extra judicial confession is shrouded with some amount of doubt, then as a rule of prudence ..... already pointed out, there is every reason for us to hold that the said extra judicial confession receives the fullest confidence of this court and therefore, we are inclined to act upon the same. 13. so far as the motive for the first accused is concerned, it is the case that the first accused made attempt to have sex with the .....
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(prayer: this appeal filed under section 173 of motor vehicles act, 1988, against the judgment and decree dated 06.12.2014 passed in m.c.o.p.no.1029 of 2003 by the motor accident claims tribunal/special sub court, thanjavur.) .....
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..... , mrs. p. shankari, drugs inspector, the learned additional public prosecutor submitted that the drugs inspectors of that zone had filed several complaints under the act against various persons during 2011 - 2012, which were not taken on file by the then presiding officer of the xv metropolitan magistrate court, george town ..... satisfactory, the respondent obtained sanction from the government and filed a complaint against laborate pharmaceuticals india ltd. (a1) and their directors for various offences under the act, challenging which, the petitioners/accused are before this court. 4. mr. p. ranganatha reddy, learned counsel for the petitioners/accused canvassed three main points. ..... not know from whom the subject drug was purchased. therefore, a separate case was initiated against serumathi for various offences under section 18 of the act which is pending. 3.3 on observing the label on the subject drug, the respondent found that it has been manufactured by laborate pharmaceuticals india .....
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..... the prosecution has proved beyond any reasonable doubt that it was the first accused who cut the deceased, caused number of injuries, which resulted in his death. 21. the said act of the first accused would squarely fall within the first limb of section 300 ipc and therefore, he is liable to be punished for the offence under section 302 ipc ..... no reason to reject their evidences as against the first accused. the evidence against the first accused, which is the grain, can be easily separated and we are inclined to act upon the same. 20. the learned counsel for the appellants would submit that there is no corroboration drawn from the medical evidence. it is well founded on the fact that ..... indian courts. it is the settled law of this country that if the court is able to separate the grain from the chaff, there can be no legal impediment to act upon the grain. here in the case on hand, we are of the considered view that the grain is easily separable. we have found reasons to reject the evidences .....
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..... lost his patience. in that occurrence, the accused, without taking undue advantage, attacked the deceased by some kind of emotion and provocation. thus, in our considered view, the act of the accused would fall within the fourth exception to section 300 ipc and, therefore, he is liable to be punished for the offence under section 304-i ipc. for ..... at all to cause the death of the deceased, but he had intention to cause injuries, which were sufficient to cause the death of the deceased. thus, the act of the accused would squarely fall within the third limb of section 300 ipc. as we have already pointed out, the occurrence was not premeditated. it was out of ..... this accused who caused death of the deceased by attacking him, now, we have to examine as to what was the offence committed by the accused by the said act. admittedly, the deceased and the accused were neighbours and there was no enmity at all between the two families. they maintained cordial relationship. the problem arose because the .....
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..... the writ petition to dispose of the respective petition filed under section 14 of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 and to pass appropriate orders to take physical possession of the secured assets morefully described in the schedule thereunder and deliver the physical possession of ..... mandamus, directing the respondent to dispose of the petition filed under section 14 of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 in c.m.p.no.13509/2015/c3 and to pass appropriate orders to take physical possession of the secured assets morefully described in ..... mandamus, directing the respondent to dispose of the petition filed under section 14 of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 in c.m.p.no.4959/2015/ e3 and to pass appropriate orders to take physical possession of the secured assets morefully described in .....
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