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1954 Supreme(Mad) 490

BALAKRISHNA AYYAR
The Public Prosecutor. – Appellant
Versus
Kanniappan. – Respondent


Advocates:
The Public Prosecutor (V.T.Rangaswami Ayyangar) for petitioner in person.
Respondent not represented.

Order

The Assistant Sessions Judge of North Arcot convicted one Kanniappan of an offence under section 330 read with section 511, Indian. Penal Code and sentenced him to imprisonment till the rising of the Court and to pay a fine of Rs.25. The learned Public Prosecutor has moved for an enhancement of the sentence. The convicted person has not appeared.

The facts are perfectly clear: A boy Periaswami was suspected of having committed theft in the house of Kanniappan the 1st accused. When questioned by Kanniappan Periaswami denied knowledge of the theft whereupon Kanniappa took him towards the police station. On the way they had to pass the house of the 2nd accused, who joined them. Accused 1 and 2 tried to extort a confession from the boy. With that end they brought together both his hands, wrapped pieces, of cloth round the hands, poured kerosine oil over the wrapping and set fire to it. Naturally, the boy’s hands were burnt. The injuries were such that the boy had to remain as an in-patient in the hospital for 12 days. The learned Assistant Sessions Judge acquitted the 2nd accused, and in the view that the act of the 1st accused amounted only to an attempt he convicted him under sec




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