MANOKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) MR . J.A. Syed Abdul Khader, Joint Secretary to Government of Tamil Nadu, Home Department, Chennai is present in terms of the earlier orders of this Court. Mr. Khader regrets that unfortunately a practice has grown in the State of Tamil Nadu to act in the fashion as it has been effected in the matter under consideration. Mr. Khader, however, assures this Court that in future the State Government would act strictly according to the requirements of the statute and not dehors. The question of continuity of there being any practice being followed henceforth would not arise and the same has been discarded by the State Government.

(2.) THE appellant herein being the first accused in Sessions Case No. 93 of 1989 on the file of the Vlth Additional Sessions Judge, Madras was tried along with ten others. The fact situation of the matter in issue has been very succinctly dealt with by the High Court in para 13 of the judgment:

(3.) THE learned advocate appearing in support of the appeal rather strenuously contended that the High Court was in manifest error by reason of not considering Exception 4 to S. 300 of the Indian Penal Code, 1860. It has been contended that as a matter of fact there was a sudden quarrel and fight and the accused was persuaded by the exigencies of the situation to take steps and while taking steps unfortunately the injury stood suffered by the victim.