Indian Penal Code, 1860, Section 326 -- Grievous hurt - Expression "any instrument, which used as weapon of offence, is likely to cause death" should be construed with reference to nature of instrument and not manner of its use...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Stone as weapon of offence - Stone may qualify as dangerous weapon depending on its nature, size, sharpness or its potential to cause death of person...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - A-2 & A-3 had together assaulted PW1 & PW7 - They were armed with deadly weapon - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - A-2 assaulted deceased on his head and forehead by using dangerous weapon like chopper, then A-4 threw a stone on his right knee and he picked up another stone and punched it on the mouth of her father - Complainant and injured eye witnesses clearly stated the incident and intention of accused was to do away with..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC...........
Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Allegation that accused gnawed the nose of informant with his teeth - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC - Alleged injury would fall u/s 325 IPC - However, considering the case of the year 1988 and no any other criminal..........
Indian Penal Code, 1860, Section 320(3), 326 -- Grievous hurt - If there is 100% loss of hearing capacity on account of hole in ear drum, certainly S.320 IPC would attract and if any dangerous weapon or means mentioned u/s 326 IPC has been used in commission of crime only in that case, S.326 IPC would apply...........
