High CourtsDivision Bench(1940) 02 MAD CK 0003

In Re: Perumal Konan and Others

Madras High Court · Decided on 22 February 1940 · Citation: AIR 1941 Mad 71(1) : (1940) 52 LW 347

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

6 paragraphs · 127 words

Lakshmana Rao, J.—The temples were broken into and the idols were removed for celebrating a festival and the taking was not dishonest.

The conviction under Sections 457 and 380, I.P.C., is therefore unsustainable but the petitioners would be guilty u/s 147, I.P.C., as their common

object was to enforce a right by means of criminal force, and violence was used in prosecution of the common object. The conviction under

Sections 457 and 380, I.P.C., is therefore set aside and the conviction u/s 147, I.P.C., will stand. But the consequences were not serious and the

case was taken up on a private complaint. Under the circumstances the sentences already undergone are sufficient and the sentence of the

petitioners u/s 147, I.P.C., is reduced to the period already undergone.