Imprisonment for 10 years and fine. Right of private defence cannot be used to do away with a wrongdoer unless the person concerned has a reasonable cause to fear that otherwise death or grievous hurt might ensue in which case that person would have full measure of right to private defence. At this the stroke of Hesso fell on my head and as a result my little finger and ring fingers were partially chopped off shows the cut fingers. It was held that the accused was guilty under Section 326 and not under Section 302 of the Code. Imprisonment for 1 month, or fine of 500 rupees, or both.
The appellant is convicted for the offence punishable under Section 326 of the Indian Penal Code and is sentenced to suffer imprisonment for the period already undergone by him and to pay a fine of Rupees Five Hundred in default to suffer simple imprisonment for one week. State of Panjab, 1991 Cri. Advocate for the accused emphasizing the fact that the victim as per F. It could not be said that the accused who entered the union office had shared common object of committing murder of the deceased. Human conduct is a very complex phenomenon and is often very difficult to predict how a person would react to a given stimuli. Where the accused persons had no intention to cause the death of anyone, nor was there any injury found on the body of the deceased sufficient in the ordinary course of nature to cause death, and the previous litigation between the parties had nothing to do with the deceased and it could also not be established as to which of the two accused persons had inflicted the injury on the head of the deceased which was described as dangerous to life, it was held that the accused were guilty under section 326 read with section 34 and not under section 307 read with section 34.
The Notification vividly says that Section 42 f iii of Cr. Munshi Ram and Others V. Though the end result or nature of injuries may be the same in these and previous sections i. In my opinion a punishment of 3 years R. Wednesday the accused Dasarath Karmakar assaulted Smt. In the meantime, the appellant came there and assaulted P. Section 97 deals with the subject matter of right of private defence.
But in order to find the criminal liability of the accused the Court must turn to the evidence of the victim P. On the other hand, prompt filing of the report is not an unmistakable guarantee of the truthfulness of the version of the prosecution. Tuktuki Karmakar they had gone to see off the wife of the accused. As such, the victim Tuktuki Karmakar was first taken to Jangipur Hospital and then to Berhampur Hospital. As already stated, accused No. Where the victim was bitten by the accused causing disfiguration, it was held that the accused was guilty under section 326. State of Gujarat in an incident happening on a sudden quarrel one accused caused a fatal injury and the other only a simple injury.
Later, when the deceased, his wife - Muktabai and son Rangnath were going to Ambika nagar for worship of the Goddess, the appellant, his brothers Babasaheb accusedNo. The witnesses were not in a position to give consistent and detailed account because of injuries caused to them, and they made improvements. The prosecution examined five witnesses namely, P. The plea of private defence, as stated by the learned counsel, is not available to the appellant. Imprisonment for 2 years, or fine, or both.
In my opinion, the imprisonment already undergone by the appellant will meet the ends of justice in the facts and circumstances of this case. In my opinion, the appellant had committed offence punishable under Section 326 of the Indian Penal Code. . Related Articles The information provided on LawRato. After all, blood is indeed thicker than water. The plea of right comprises the body or property of the person exercising the right or of any other person, and the right may be exercised in the case of any offence against the body, and in the case of offences of theft, robbery, mischief or criminal trespass, and attempts at such offences in relation to the property. 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 accused neither filed any written statement nor adduced by any evidence in support of his defence case within the meaning of Sec. The information provided on LawRato. An instrument for stabbing need not be so sui generis. Further, sub-section 2 provides that, the offences mentioned in the table could be compounded by the victim with the permission of the Court. But in this case, there were two strokes of Hesso and the victim P.
The Supreme Court reduced the sentence to the period already undergone. In my opinion, the delay in lodging F. I did not loose my senses. State of Punjab the accused allegedly caused dagger injuries on non- vital parts of the deceased who was hospitalised and received treatment for a month. Five Hundred in default to suffer simple imprisonment for one month.