Such are the acids which corrode the system if taken internally and in an undiluted state. If that be so, they be released forthwith unless required in any other case. Where three persons attacked the deceased with knives and one simple and another fatal injuries were caused, but neither was the existence of common intention to cause death proved nor was it established as to which of the three accused caused the fatal injury, it was held that the appellant was guilty of causing an offence under this section in furtherance of common intention as common intention to cause grievous hurt was found to exist by the lower court also. This section also, like the preceding one, does not apply to the case provided for under section 335 which deals with the case of voluntarily causing grievous hurt on grave and sudden provocation. In this backdrop, we proceed to consider the nature of offence.
As observed earlier, the appellants had caused one injury each, whereas the deceased had sustained five injuries. Thus, the other injuries are attributed to Hari Singh. In my opinion cause of death is excessive bleeding and shock…. It was held that the charge under Section 326 alone have been made out against the accused, and since the case came for hearing twenty-three years after the incident the period of imprisonment was reduced to the period already undergone and the levy of fine was set aside. The accused were convicted under section 326 read with section 149 and not under section 302 read with section 149. Any man who commits the offence specified in clause I or clause ii or clause iii of sub-section I shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. In another case, the accused along with six to eight persons with common object entered into the office of a union leader.
It was proved that the deceased did not receive any serious injury inside the union office and managed to escape. They have also testified that other accused had also given farsa blows to the deceased. In another strange decision, where the appellant along with other persons went to the house of another person the door of which was opened by the deceased, a worker under that other person, who was immediately attacked and killed, it was held that there being no animosity between the attackers and the deceased, and the fact that the appellant apparently assaulted the first person who opened the door, his conviction by the lower court under section 326 must be upheld. Injuries which only cause remote danger to life cannot be treated as dangerous to life. But the main inflicters of the fatal injuries on the deceased were not identified. State of Gujarat in an incident happening on a sudden quarrel one accused caused a fatal injury and the other only a simple injury.
Any man who commits the offence specified in clause iv of sub-section I shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both Assault or use of criminal force to woman with intent to disrobe. According to the prosecution, on 16th of June, 1992 at about 6. . Where the accused caused injuries on hands and feet of the deceased by a blunt weapon, he was held guilty under sections 325 and 326 of the Code. Indian Penal Code, 1860, Section 307, 326-- Nature of offence - Accused inflicted knife injury on the victim thereby causing cutting stab injury on the right chest - Medical evidence supported prosecution case - Doctor opined that injury was grievous in nature but it was not sufficient in the ordinary course of nature to cause death - It.
Further, the appellants had caused grievous injuries on the person of the deceased. The learned Judge found the allegations as to the infliction of injuries, on the head and neck of the deceased by specific weapon such as ballam by appellant no. Hence, we are constrained to observe that the High Court committed serious error by holding that injury no. These sections contain the expression of instruments for shooting, stabbing or cutting. .
For it includes not only instruments specially designed and made for stabbing such as a dagger, a bayonet or a kukri, but all sharp-edged or pointed instruments which are capable of stabbing such, for instance, as a sword or a knife which are not ordinarily instruments for stabbing but which may be put to that use. The minimum punishment is 5 years' imprisonment. Whoever causes permanent or partial damage or deformity to, or bums or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine;Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim;Provided further that any fine imposed under this section shall be paid to the victim. He was convicted not for murder but under Section 326 of the Code. Hurt caused by means of fire or a heated substance is subject to penalty irrespective of the degree of heat or the extent of the injury thereby occasioned. The Section 326 A in the Indian Penal Code lays down the punishment for.
The Supreme Court held that there was no ground to acquit the accused. However, the above are only general in nature and the case should be dealt on the set of facts and circumstances that prevail in the field. Even though the Indian Penal Code does not give importance to the fact that the intention or knowledge on the part of the accused must be with respect to any particular person, this is what has perhaps been done by the court. It says that except in the case under section 335, whoever voluntarily causes grievous hurt by means of any instrument for shooting, stabbing, or cutting, or any instrument which when used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences. Not Compoundable Triable by whom? The offence of committing hurt or grievous hurt may be committed through the agency of an animal. Where the appellant caught hold of the deceased, who attempted to get out of the grip, while another accused continued to give knife blows on him as a result of which he died, it was surprisingly held that the evidence was not good enough for convicting him under section 302 read with section 34 and that he was guilty only under section 326 read with section 34.
Where the accused persons had no intention to cause the death of anyone, nor was there any injury found on the body of the deceased sufficient in the ordinary course of nature to cause death, and the previous litigation between the parties had nothing to do with the deceased and it could also not be established as to which of the two accused persons had inflicted the injury on the head of the deceased which was described as dangerous to life, it was held that the accused were guilty under section 326 read with section 34 and not under section 307 read with section 34. . In any view of the matter, according to Mr. According to the doctor, death had occurred on account of shock and excessive bleeding due to the injuries caused on the person of the deceased. State of Punjab the accused allegedly caused dagger injuries on non- vital parts of the deceased who was hospitalised and received treatment for a month. At the outset, while assailing the conviction of the appellants, Mr. Voluntarily causing grievous hurt by dangerous weapons or means Sec.