High CourtsSingle Bench(1958) 11 MAD CK 0026

In Re: Annakamu Chettiar

Madras High Court · Decided on 14 November 1958 · Citation: AIR 1959 Mad 342 : (1959) CriLJ 1084

HON’BLE JUDGES
Ramaswami, J
CASE NUMBER
Criminal Revision Case No. 533 of 1958 and Criminal Revision Petition No. 508 of 1958

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Judgment

8 paragraphs · 184 words

Ramaswami, J.—It was argued by the learned counsel Mr. Ramachandran that when the revision petitioner threatened to kill the Revenue

Inspector for lawfully distraining his properties, that would not amount to the offence of assault, for which he has been convicted u/s 353 I. P. C. I

agree. If the words had been accompanied by any gesture -- but unfortunately regarding which there is no evidence -- that would certainly amount

to assault. In this case, however, the offence would clearly fall u/s 503 I. P. C. namely, the offence of criminal intimidation. The illustration given in

this section is appropriate to this case. ""A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B''s house. A is

guilty Of criminal intimidation."" The revision petitioner for the purpose of inducing the revenue inspector to desist from distraining his properties,

threatened to kill the revenue inspector, arid therefore he is guilty of criminal intimidation. The conviction is altered from Section 353I. P. C. to

Section 503 I. P. C. The sentence is maintained. The revision petition is dismissed.