Jaiswal then asked the Crime Branch to look into the matter. Where the two appellants caused many injuries on the neck, knees and elbow which were all simple in nature and not on vital parts but one of the injuries on the head was given with much force causing depressed fracture and fissures all over resulting in death, and the evidence could not establish a common intention to cause death but only grievous hurt by lathi and khunt, they were held guilty under section 325 read with section 34. It is well established that the inherent jurisdiction of the High Court can be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwise to secure the ends of justice. In the facts of the present case, the police in its report submitted to the Judicial Magistrate, First Class, Ludhiana, on 02. The allegations in the F. Punishment for voluntarily causing grievous hurt: This section prescribes punishment for voluntarily causing grievous hurt.
Amendment of the First Schedule. Saving of inherent power of High Court. Sub-section 8 of Section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the Magistrate a further report regarding such evidence and the provisions of sub-section 2 of Section 173, Cr. In the case of R. Further, it lays down the classes of criminal courts, i. If ultimately, the Magistrate forms the opinion that the facts, set out in the final report, constitute an offence, he can take cognizance of the offence, under Section 190 1 b , notwithstanding the contrary opinion of the police, expressed in the final report.
In other words, report of S. It will also be clear from Section 190 b of the Cr. The allegations in the F. Where the accused was a municipal employee and a first offender, and neither was the incident pre-planned nor was the injury serious, it was held that benefit of probation must be given to him. So, the cross case does not deserve to be cancelled. Report of police officer on completion of investigation. It was enacted in the year 1862, during the British period, since then it has been amended many times.
The object of this provision is to penalise more severely such cases of voluntarily causing hurt where dangerous weapon or means have been used. During this incident, Mann Singh, Bharpur Singh, son of Balbir Singh also come present at the place of occurrence, after hearing the raula of Harminder Singh Hindri and his mother Kamaljit kaur and none was other present at the place of seen and Dharmatma Singh party have wrongly mentioned the name of other persons in the cross case. State of Andhra Pradesh, the accused persons, including the appellant, were alleged to have fatally assaulted the deceased with sticks, iron rods and fists. It defines all possible crimes and their related punishments that can take place in the country. Sethi lodged a First Information Report against R. Moreover, there is a limit of sentences which these courts can pass.
One of them had alleged that Khan had threatened to kidnap the complainant's parents if they didn't let the accused occupy their house while another complainant told the police that Khan was threatening his family for no apparent reason. Section 335 to which this section does not apply punishes voluntarily causing grievous hurt on grave and sudden provocation. A reading of provisions of sub-section 2 of Section 173, Cr. This further report has to be forwarded to the learned Magistrate and as has been held by this Court in Abhinandan Jha supra and Mrs. .
The criminal law procedure is a complimentary law, to the primary criminal law. It was observed by the court that not giving probation benefit by the lower court and not recording any special reasons for doing so was not proper because assigning reasons is mandatory in such cases. Catch up on all the latest here. To provide justice to the victims, every country has enforced certain laws for punishing the wrongdoer. City I, Ludhiana is not based on any such evidence which was not available at the time of inquiry conducted by the Crime Wing. Pursuant to permission granted by the learned Magistrate on 27.
Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India. Rupan Deol Bajaj supra it was for the learned Magistrate to apply judicial mind to the facts stated in the reports submitted under sub-sections 2 and 8 respectively of Section 173, Cr. It has been held by this Court in R. Article shared by Legal Provisions of Section 325 of Indian Penal Code, 1860. It says that except in the case provided under section 335, whoever voluntarily causes grievous hurt shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. For deciding the issue, we must first refer to the provisions of Section 173 of the Cr.
The offence under section 325 is cognizable, bailable and compoundable, where permission is given by the court trying the case, and is triable by any magistrate. The Supreme Court altered his conviction to one under section 325 and further stated that section 34 could not have been applied when no charge was framed there under. After investigation, the police filed two challans on 02. Kapur was pending in the High Court, the police report was submitted under Section 173, Cr. Section 324-: उस दशा के सिवाय, जिसके लिए धारा 334 में उपबंध है, जो कोई असन, वेधन या काटने के किसी उपकरण द्वारा या किसी ऐसे उपकरण द्वारा जो यदि आक्रामक आयुध के तौर पर उपयोग में लाया जाए, तो उससे मॄत्यु कारित होना सम्भाव्य है, या अग्नि या किसी तप्त पदार्थ द्वारा, या किसी विष या किसी संक्षारक पदार्थ द्वारा या किसी विस्फोटक पदार्थ द्वारा या किसी ऐसे पदार्थ द्वारा, जिसका श्वास में जाना या निगलना या रक्त में पहुंचना मानव शरीर के लिए हानिकारक है, या किसी जीवजन्तु द्वारा स्वेच्छया उपहति कारित करेगा, वह दोनों में से किसी भांति के कारावास से, जिसकी अवधि तीन वर्ष तक की हो सकेगी, या जुर्माने से, या दोनों से, दण्डित किया जाएगा । About alok tomar Templatesyard is a blogger resources site is a provider of high quality blogger template with premium looking layout and robust design. The relevant facts briefly are that on 12. Except one all other eye-witnesses ascribed only fist blows to the appellant.
Two Sakinaka residents had complained against Khan to the Sakinaka police and the Commissioner of Police Subodh Jaiswal. Voluntarily causing hurt by dangerous weapons or means: This section punishes voluntarily causing hurt by dangerous weapons or means. Patnaik New Delhi, May 10, 2011. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Where the accused, a young boy, had inflicted only one blow on the chest of the deceased at the spur of the moment on a sudden quarrel, it was held that he had committed an offence under section 325.
At the same time any possibility of the abscondence or evasion or other abuse can be taken care of by a direction that the petitioner will report himself before the police station once every fortnight. The Notification vividly says that Section 42 f iii of Cr. This is an appeal by way of Special Leave against the order dated 25. Cognizance of offences by Magistrate. C Amendment Act, 2005 is excluded and therefore not yet enforced. Thus, when a police report is forwarded to the Magistrate either under sub-section 2 or under sub-section 8 of Section 173, Cr.