Therefore, it cannot be said that only injury no. Therefore, the death had not taken place as a result of the injuries caused by the appellants or any one of them. 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. . The causing of hurt by means of a poison or a corrosive substance or by means of any substance deleterious to the human body to inhale, swallow or receive into blood falls into the same category of substances noxious to life. Voluntarily causing grievous hurt by dangerous weapons or means: This section punishes the serious offence of voluntarily causing grievous hurt by dangerous weapons or means. Hence, the two appellants were convicted and sentenced as above.
He points out that this doctor had found 5 injuries on the person of the deceased and all those injuries cannot be attributed to the present appellants. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences. A corrosive substance is a substance which irritates the system such as corrosive sublimate, which is compound of chlorine and mercury, forming a white crystalline solid, an acrid poison of great virulence. Indian Penal Code, 1860, Section 498A, 326, Dowry Prohibition Act, 1961, Section 3, 4-- Deceased confined in room and set ablaze after sprinkling kerosene - 60% burn injuries - Victim supported prosecution version - Factum of setting victim ablaze remained unexplained by defence - Prosecution case is proved beyond reasonable doubt on scrutiny and analysis of direct evidence on record. The minimum punishment is 10 years' imprisonment.
In this backdrop, we proceed to consider the nature of offence. The punishment for offence of voluntarily causing grievous hurt by dangerous weapons or means is imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Kapil Dev Singh, who has performed the postmortem of the deceased on 16. Voluntarily causing hurt by dangerous weapons or means Sec. A hatcher, or an adze, a small penknife or a spear and a pointed stick are instruments for cutting. To bring the offence under section 326 it would have to be shown that the injuries endangered the life of victim which solely be judged form the medical report.
A man committing any of the following acts— i. The offence of committing hurt or grievous hurt may be committed through the agency of an animal. दण्ड विधि संशोधन अधिनियम, 2013 द्वारा अन्त:स्थापित दिनांक 03-02-2013 से प्रभावी । Voluntarily throwing or attempting to throw acid 1 -- Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums 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 be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 2-- For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible. 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. In this backdrop, we proceed to consider the nature of offence.
This website is meant only for providing legal information to its visitors. The Supreme Court held that there was no ground to acquit the accused. At the outset, while assailing the conviction of the appellants, Mr. Further, the appellants had caused grievous injuries on the person of the deceased. The other injury was incised wound on the body of the deceased. Rajesh learned counsel appearing for the appellants, submits that the High Court erred in holding that excepting injury no.
The minimum punishment is 5 years' imprisonment. Where the accused beat the victim for about fifteen to twenty minutes by a hot iron chimta, a cooking utensil, as a result of which she died, it was held that the accused had committed an offence under this section. Therefore, the death had not taken place as a result of the injuries caused by the appellants or any one of them. The Supreme Court reduced the sentence to the period already undergone. Where the accused caused gun shot injury on the deceased but his death was not the direct result of the injury and he died after about one and a half months and while in between he had been operated upon for which several incised wounds were made, and the second haemorrhage took place on the day when the right arm of the deceased was amputated, the accused was held liable only under section 326 and not under section 302 of the Code. In the present appeal by way of special leave, we are concerned with appellants Vijay Singh and Hari Singh.
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. Nonetheless from the evidence of the prosecution witnesses what is proved beyond doubt is that appellant Vijay Singh caused injury on the face of the deceased by ballam and appellant Hari Singh on neck by farsa. Article shared by Legal Provisions of Section 326 of Indian Penal Code, 1860. The offence under section 326 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class. Offence under Section 326 is non-bailable and non-compoundable and is triable by any Magistrate. According to the prosecution, on 16th of June, 1992 at about 6.
Police after usual investigation submitted the charge-sheet against all 11 accused persons and ultimately they were committed to the Court of Sessions to face the trial. Moreso, the witness could not point out which of the injuries were caused by other accused, hence, acquitted the other accused. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 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. Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Please check the official judgments from the concerned courts before relying upon them. Where the victim was bitten by the accused causing disfiguration, it was held that the accused was guilty under section 326.