Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Section 324 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-Section 324-Prosecution for causing grievous injury -Non-recovery of weapon of offence-Medical opinion proving use of the weapon-Account of eyewitnesses-Conviction by Courts below-On appeal, held: In view of evidence of eyewitnesses and medical opinion conviction justified-Non-recovery of weapon cannot be a ground to discard evidence of eye-witnesses. Practice and Procedure : Plea raised for the first time before Supreme Court-Held: Not permissible. Words and Phrases : 'Dangerous weapon'-Meaning of in the context of Section 324 IPC. Appellant-accused along with 3 other accused persons was tried u/ss. 324 r/w 34, 504 and 506(2) IPC, for having inflicted blows by a knife on PW-1 causing serious injuries to him. PW-2 was eyewitness to the incident Trial Court acquitted the other 3 accused, while convicting the appellant-accused. High Court, on revision, upheld his conviction. In appeal to this Court, appellant contended that Section 324 IPC was not applicable as it was not established that the weapon used was a dangerous weapon and that the knife alleged to have been used was not recovered. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 232 |
Petitioner | Anwarul Haq |
Respondent | The State Of Uttar Pradesh |
SCR | [2005] 3 S.C.R. 917 |
Judgement Date | 2005-04-26 |
Case Number | 625 |
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