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1950 Supreme(Mad) 312

SOMASUNDARAM


Advocates:
V. Rajagopalachari and E. Subramaniam for Petitioners.
The Public Prosecutor (V.T. Rangaswami Aiyangar) on behalf of the State.

Order.-

There is no evidence that the petitioner offered physical obstruction. It is doubtful whether, without physical obstruction, by mere words, a person can be said to commit an offence under section 341, Indian Penal Code. Even if it is considered an offence still section 95, Indian Penal Code, will apply. The conviction and sentence are set aside. The petitioners are acquitted. The fines, if paid, will be refunded.

V.S. ----- Conviction set aside.


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