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INGREDIENTS OF THE OFFENCE:

17. In the instant case, the accused persons have been charged for the offence under sections 323/325/34 of the Indian Penal Code. In order to sustain conviction under section 323/325/341 of the IPC, the prosecution is required to prove the following ingredients:

(i) The accused persons had voluntarily caused hurt to the complainant/victim;
(ii) Such act of causing hurt was done in furtherance of common intention by the accused persons;
(iii) That the hurt so caused was grievous in nature.

18.It becomes relevant to reproduce the aforesaid sections as under: -

Section 319 defines Hurt as- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
FIR No. 262/2008, PS Sarojini Nagar State V. Rohtash and Anr. Page 11 of 27
Section 321. Voluntarily causing hurt. - Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt". Section 323 provides the punishment for voluntarily causing hurt as.- Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
"Section 322. Voluntarily causing grievous hurt. --Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt." While section 325 states the Punishment for voluntarily causing grievous hurt to be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

39. Resultantly, the accused person namely Rohtash S/o Sh. Athe Singh and Deepak S/O Sh. Dharmani are hereby found guilty for voluntarily causing simple hurt to Victim Ashu and Yogesh and for voluntarily causing grievous hurt to victim Sanjay. Hence they are convicted for the offences punishable under section 323 and 325 read with section 34 of the Indian Penal Code, 1860. Let the convicts be heard separately on sentencing.

Announced in the open court on 28.05.2024 in the presence of the accused.