Supreme Court - Daily Orders
Shaji vs State Of Kerala on 30 October, 2015
Bench: Jagdish Singh Khehar, R. Banumathi
SLP(Crl......CrlMP 6204/15 1
ITEM NO.52 COURT NO.4 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s).
No.6204/2015
(Arising out of impugned final judgment and order dated 11/12/2014
in CRLAP No.709/2004 passed by the High Court of Kerala at
Ernakulam)
SHAJI Petitioner(s)
VERSUS
STATE OF KERALA Respondent(s)
(With appln.(s) for c/delay in filing SLP and office report)
Date : 30/10/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr.Thomas P.Joseph, Sr.Adv.
Mr.Renjith B.Marar, Adv.
Ms. Lakshmi N. Kaimal, Adv.
Mr.Anas Mohammed Shamnad R., Adv.
Ms.Anu Dixit Kaushik, Adv.
For Respondent(s) Mr.Zulfiker Ali P.S., Adv.
Upon hearing the counsel the Court made the following
O R D E R
The application for impleadment is allowed. Learned senior counsel for the petitioner contends, that the petitioner has been convicted under Section 326 of the Indian Penal Code. It is the contention of the learned senior counsel for the petitioner, that for conviction under Section 326 of the Indian Signature Not Verified Digitally signed by Penal Satish Kumar Yadav Date: 2015.10.31 Code, it is imperative for the prosecution to establish 13:35:02 IST Reason:
firstly, that the accused is guilty of voluntarily having caused grievous hurt, and secondly, the grievous hurt should have been SLP(Crl......CrlMP 6204/15 2 caused “...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...” It is the contention of the learned senior counsel for the petitioner, that the prosecution has not been able to establish the second ingredient of the offence under Section 326 of the Indian Penal Code.
Delay condoned.
Issue notice to the respondent-State of Kerala, returnable after two weeks.
Liberty is granted to the learned counsel for the petitioner to effect service on the standing counsel for the State of Kerala nominated for this Court.
Mr.Zulfiker Ali P.S., learned counsel, enters appearance on behalf of the newly added respondent and accepts notice.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS COURT MASTER