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...evidence which was corroborated by the evidence of PW 2. The doctor's evidence clearly shows that a grievous hurt was caused and considering the fact that a big stone was used, Section 326 IPC has been....He identified his signature in Ext. P-3 discharge certificate.10. Section 325 deals with punishment for voluntarily causing grievous ...case provided for by Section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to...
...counsel for the appellant.19. On the other hand, grievous hurt has been defined in Section 320 which reads thus:“320. Grievous hurt.—The...dangerous weapons or means has been explained in Section 324 and punishment for voluntarily causing grievous hurt is with imprisonment which may extend to seven years and shall also be liable to fine...Sections 320, 324 and 325 IPC submitted that taking note of the head injury by use of lathi which is a grievous injury in terms of clause (7) of Section 320 IPC as certified by the doctor, there is no...
...459 IPC, makes it crystal clear that for satisfying the essential ingredients of this section, grievous hurt is required to be caused while committing lurking house-trespass or house-breaking. However...position. He had read only a part of Section 459 IPC and not gone through it completely. A complete perusal of the provisions goes to show that such offence is made out even if grievous hurt is not caused while committing l...09.09.2015, wherein, 04 simple injuries were mentioned. No grievous hurt/injury was found on the person of complainant and as such, offence U/s 459 IPC is not made out against the accused. Rather...
...with the intention to kill him and also for deterring a public servant from performing his public duty by voluntarily causing grievous hurt with a sharp-edged weapon. Accused Saleem @ Chamaru was charged under Sections 333 and 307 w...is the intention or knowledge, as the case may be, and not the nature of the injury. The basic difference between Sections 333 and 325 IPC is that Section 325 gets attracted where grievous hurt is caused whereas ...gets attracted if such hurt is caused to a public servant.17. Section 307 deals with two situations so far as the sentence is concerned. Firstly...
...the J.S. Verma Committee Report. The pre-amended provision covering such injuries is Section 326. To quote:“326. Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, exc...either description for a term which may extend to ten years, and shall also be liable to fine.”3. “Grievous hurt” is defined under Section 320 IPC and “hurt...intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not b...
...Section 325 of the Penal Code for having voluntarily caused grievous hurt with a stick to Mst Rao. He was also convicted under Section 323 of the Penal Code for having voluntarily caused hurt to PW 3...appellant was found guilty of having committed the offence of causing grievous hurt punishable under Section 325 of the Penal Code. The maximum sentence provided therein is seven years.3...Melu Ram. On appeal the High Court set aside his conviction under Section 323, but maintained that under Section 325. The sentence under Section 325 was one year's rigorous imprisonment.2...
...running away.7. In appeal though several points were urged, the primary stand was that ingredients under Section 397 IPC were not made out as no grievous hurt was found. The prosecution took the s...that grievous hurt was intended. The High Court did not accept the aforesaid plea of the accused and dismissed the appeal.8. Stand taken before the High Court was reiterated in these appeals. It was submit...(b) caused grievous hurt, or(c) attempted to cause death or grievous hurt;(3...
....7. Sections 326 and 452 IPC read as follows:“326. Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in the case provided for by ..., voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of...present Respondents 1 and 2 while dismissing the revision petition filed by the present appellant. The High Court was of the view that for the offence punishable under Section 326 of the Penal Code, 1860...
...grievous hurt. Accordingly, the conviction as noted above was altered.7. Learned counsel for the appellant submitted that the appellant cannot be convicted in terms of Section 326...State on the other hand supported the judgment.“10. Section 325 deals with punishment for voluntarily causing grievous hurt.11. Section...provided for by Section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause...
...submits that the ingredients of section 338 of ipc are that a person who receives injury by an act of negligence should receive an injury which is in the nature of being grievous hurt. Section 338 of ipc...of ipc. Grievous hurt is defined in section 320 of ipc. There are eight kinds of hurt which are designated as 'grievous' by the ipc and they are...victim had suffered a grievous hurt, therefore, the conviction under section 338 of ipc was misplaced. In view of this finding, it is not necessary to go into the other questions raised by the counsel...
...-and-run motor accidents, where the identity of the vehicle cannot be ascertained — compensation amount is Rs 25,000 in case of death and Rs 12,500 in case of grievous hurt;(iii) ...in case of hit-and-run motor accident.—(1) For the purposes of this section, Section 162 and Section 163—(a) ‘grievous hurt’ shall have the same meaning...respect of grievous hurt to any person resulting from a hit-and-run motor accident, a fixed sum of twelve thousand and five hundred rupees.(4) The provisions of sub-section (1...
...weapons. Merely, the description of bamboo sticks or lathis is not enough to make the weapons lethal or deadly. There is no case that the accused inflicted grievous hurt or attempted to inflict grievous hurt on the inmates. Therefore, the limitation prescribed in Section 397...
...(hereinafter referred to as 'the BNS'), in this case. The provisions of Section 117 (2) of BNS are reproduced, as under:
"117(2) Voluntarily causing grievous hurt:-
...) of Section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extent to seven years, and shall also be liable to fine."
...basis of opinion of Medical Officer on the MLC of injured, has added Section 117 (2) of
2
the Bharatiya Nyaya Sanhita...
...Section 325, read with Section 34 IPC for voluntarily causing grievous hurt to one Budh Ram. One more charge was added in the Court of Session so far as Ram Lal is concerned. The Additional Sessions Judge noticed t...Chand and Lekh Ram. It also came to the conclusion that their common intention was not to cause death but only grievous hurt. On that finding the conviction of all the three could have been only under Section 325...causing grievous hurt, it was appellant Ram Lal who gave the blow on the head of the deceased with his lathi which proved fatal and hence the appellant was liable to be convicted under Section 302...
...is a blow by kick and fist or by any other body part, which resulted into grievous hurt, Section 326 IPC is attracted. By taking this Court to Section 326 IPC, it is contended that the word...learned counsel for the parties and perused the record.6. It is apposite to reproduce Section 326 IPC. It reads as under:-“326. Voluntarily causing grievous hurt by dangerous weapons or means.-...clear that the heading of Section 326 IPC is important. The heading talks about causing grievous hurt by dangerous weapons or means. In view of the text and context, in which the words “any instrument” are employed in Sec. ...
...appreciate the same.
"325. Punishment for voluntarily causing grievous hurt.— Whoever, except in the case provided for by section 335, voluntarily causes...grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
326. Voluntarily causing ...complainant falls within the definition of 'grievous hurt' as contemplated under Section 320 of the IPC. 'Grievous hurt' voluntarily caused by accused is by means of any instrument for shooting...
...provides that if at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment...grievous hurt. Simple hurt is again sub-divided—simple hurt caused by a lethal weapon is made punishable by a higher maximum sentence—Section 324. Where grievous hurt is caused by a letha...and is a more aggravating form of causing grievous hurt than the one punishable under Section 325. Under Section 326 the maximum punishment is imprisonment for life and...
..., I.P.C The Judge, while pointing out to the jury that there is no evidence that these appellants caused the grievous hurt or (apparently) used deadly weapons, has directed the jury that they may convict the appellant of an..., I.P.C., merely because grievous hurt was caused by some of the robbers and (apparently) that some of the robbers used knives. This view finds no support in the wording of the section, especially.... This sentence, as the learned Sessions Judge himself subsequently discovered and has pointed out in a letter of reference, is less than the minimum prescribed by Section 397, I.P.C...
....”The sentence of imprisonment to be awarded under Section 392 cannot be less than seven years if at the time of committing robbery the offender uses any deadly weapon or causes grievous...to the view of the victims sufficient to frighten or terrorize them. Any other overt act, such as, brandishing of the knife or causing of grievous hurt with it was not necessary to bring the offender within the ambit of ...committing the robbery.7. If the deadly weapon is actually used by the offender in the commission of the robbery such as in causing grievous hurt, death or the like then it is...
....6. It now remains to consider whether the conviction of the appellants under Section 326 for grievous hurt is justified. The answer to this question would depend on the nature of the injurie...grievous hurt within the meaning of Section 320 of the Penal Code. In our view, both these assumptions are misleading. It is not necessary that a bone should be cut through and through or that the crack...teamed counsel for the appellants contends firstly, that the injuries as found by the doctor do not justify the conviction of the appellants of grievous hurt in as much as there is no evidence that any...