Indian Penal Code, 1860, Section 326, 307 -- Complaint u/ss 326 & 307 IPC - These two sections cannot be used simultaneously to convict a person - Although punishment u/ss 326 & 307 IPC is similar but offence is not the same - In the instant case, offence related to victim being shot in right shoulder - Victim was hospitalized for about 20 days therefore if at all accused..........
Indian Penal Code, 1860, Section 452, 326, 34 -- House-trespass - Grievous hurt - Quantum of sentence - Petitioners committed criminal trespass by entering into house of complainant party and inflicted serious injuries on their person - Petitioner No.1 gave a gandasi blow on the head of complainant which is grievous in nature - Petitioner No.2 inflicted head injury on PW2..........
Indian Penal Code, 1860, Section 320 -- Grievous hurt - Scope of cl. six, seven and eight - Held, under cl. six, mere abrasion would not amount to fracture - Even a cut that does not go across bone cannot be termed as a fracture of bone - But if injury is grave even partial cut of skull vault (root or chamber) may amount to fracture - Cl. eight labels injuries as grievous..........
Indian Penal Code, 1860, Section 326, 302, 34 -- Murder - Grievous hurt - Five injuries found on person of deceased - Death occurred due to excessive bleeding and shock - Appellant No.1 caused injury on face of deceased by ballam and appellant No.2 on neck by farsa - Death had not taken place as a result of injuries caused by appellants or any one of them - Held, they..........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Grievous hurt - Accused along with co-accused saw injured and pounced on him because of some earlier incident and gave stab injuries - Although injuries are grievous in nature but attending circumstances and number of blows do not suggest that it had been done with intention to kill victim or under such..........
Indian Penal Code, 1860, Section 326, 34 -- Grievous hurt - Accused acquitted on the grounds : (a) prosecution evidence not reliable; (b) FIR ante time; (c) no motive for accused to commit the offence; (d) place of occurrence shifted by prosecution - Order of acquittal calls for no interference...........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Grievous hurt - Boundary dispute - Delay in lodging FIR - Only part attributed to accused `M' & `D' is that they have put grip upon complainant while appellant caused injury with kirpan - It is highly improbable that any person would put grip on another person while co-accused had caused injury with..........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Grievous hurt - Boundary dispute - Injuries inflicted by appellant on complainant are grievous in nature - Conduct of doctor declaring injury dangerous to life after one month is not appreciable when he has already given the nature of injuries as grievous - No history of previous enmity so there is no..........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Grievous hurt - Reduction of sentence - Appellant is not a previous convict - Occurrence relates to more than 13 years back - Moreover, appellant has already undergone incarceration for a period of more than 7 months - Appellant must have settled in life - Sentence reduced to period already undergone and..........
Indian Penal Code, 1860, Section 338, 201, 34 -- Grievous hurt - Rash and negligent Act - Cognizance of offence - Allegation of negligence against senior doctors without naming petitioner in FIR - Evidence on record shows that petitioner attended the operation theater in the mid of operation and uterus of complainant was removed to save her life - No evidence on record to..........
