Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860: Dangerous weapon' and 'grievous hurt' as occurring in s.326 /PC-Connotation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: Ss. 320, 325 and 326-Accused causing injury to victim with a stone Conviction u/s 326 by courts below-'Grievous hurt'-'Dangerous weapon'- Connotation of-Held, injury caused was covered under 'grievous hurt'- Considering the size of the stone, it cannot be said that a dangerous weapon was used-Conviction altered to one under s.325. Words and Phrases-'Dangerous weapon' and 'grievous hurt' as occurring in s.326 /PC-Connotation of The appellant-accused was prosecuted on the charges that he hit PW 1 with a stone causing lacerated wound over the left posterior region of the head and fracture of left upper incisor tooth of the victim. The trial court convicted and sentenced the accused under section 326 IPC. The appeal and the revision filed by the accused were dismissed. In the appeal filed by the accused before the Supreme Court, it was contended that the injuries caused to the victim did not constitute 'grievous hurt'; that the weapon allegedly used could not be termed as a 'dangerous weapon'; and that the appellant having undergone major portion of the sentence and more than a decade having elapsed, the sentence be suitably modified. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 30 |
Petitioner | Mathai |
Respondent | State Of Kerala |
SCR | [2005] 1 S.C.R. 450 |
Judgement Date | 2005-01-12 |
Case Number | 89 |
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