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1883 Supreme(Mad) 90
IN THE HIGH COURT OF MARAS
C A Turner, Kt.
The Queen
Versus
Nachimuttu And Ors.
Decided On : 21 June, 1883
Labourers employed by the Government are not considered public servants under the Indian Penal Code.
Headnote:
Public Servant - Labourers - Interpretation of the definition of public servant under the Indian Penal Code
Fact of the Case:
Labourers employed by the Government were convicted under Section 353 of the Indian Penal Code.
Finding of the Court:
The court found that the labourers were not officers and did not fall within the definition of public servant under the Indian Penal Code. The conviction under Section 353 was improper and should have been under Section 323.
Issues: Interpretation of the definition of public servant, proper application of relevant sections of the Indian Penal Code
Ratio Decidendi: Labourers employed by the Government are not considered officers and do not fall within the definition of public servant under the Indian Penal Code. The conviction should be based on the proper section of the Indian Penal Code.
Final Decision: The conviction under Section 353 was deemed improper and amended to be under Section 323 of the Indian Penal Code.
Charles A. Turner, Kt., C.J.
1. Labourers or menial servants employed to do work or labour on account of the Government are not officers, and do not fall within the definition of public servant in the 21st section of the Indian Penal Code.
2. The conviction under Section 353 was improper. They should have been convicted under Section 323 of the Indian Penal Code. The conviction will be amended accordingly.
