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Showing contexts for: section 335 ipc in State vs Surender Kumar Etc on 7 August, 2023Matching Fragments
Offence complained of or proved : 325/34 IPC Plea of the accused : Pleaded not guilty Final order : Accused Kamlesh acquitted & accused Surender convicted u/s 335 IPC. Date on which reserved for judgment : 02.08.2023 Date of judgment : 07.08.2023
6.12 In regards to accused Surender, it has to be appreciated that he reached at the spot later while the free fight was already in action between his wife, Co accused Kamlesh, on one side and complainant and his wife on the other side, it would not be out of place to say that seeing his wife outnumbered he got a sudden provocation within the meaning of Sec 335 IPC Explanation r/w exception 1 to Sec.300 IPC and entered the fight and caused grievous injury to the complainant by using a wooden plank. In the present case accused is charged with commission of offence u/s 325 IPC however, from the evidences led the offence proved is sec.335 IPC. Section 222 Cr.P.C. provides for such eventuality where a person charged with an offence and the facts proved reduced into a minor offence, he may be convicted on the minor offence, although he is not charged with it. Illustration b appended to Section 222 Cr.P.C. categorically mentions a case where, "A is charged u/s 325 of IPC, with causing grievous hurt, he proves that he acted on grave and sudden provocation. He may convicted u/s 335 of that code". Therefore, in the considered opinion of this court the offence u/s 325 IPC deserves to be reduced to sec.335 IPC and accordingly accused Surender is convicted of offence u/s 335 IPC.