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394. Voluntarily causing hurt in committing robbery.--If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1 [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

v. Injuries were inflicted on the non-vital part of the body of the Informant PW-8.

20. It is a well-known fact that the term "hurt" simply means performing an act which leads to physical pain, injury or any disease to a person. At times, hurt may be caused voluntarily or it can by caused by using dangerous weapons or mean. A person will be liable to have caused hurt voluntarily through P. S. Sadar Bazar dangerous weapons and means under Section 324 IPC which reads as under:-

"324. Voluntarily causing hurt by dangerous weapons or means.--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 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."

18. The next ingredient which the prosecution is required to prove is that such voluntary hurt was caused by the accused by any instrument used for shooting, cutting or stabbing or any other instrument likely to cause death. It is deposed by PW-2 that the voluntary hurt was caused to him by accused Ravinder by one cutter type knife which is Ex.P-1 and the sketch of which is Ex.PW2/A. The knife was seized vide seizure memo Ex.PW2/B which bears the signatures of PW-2 at point A. The knife was used at the point given in site plan Ex.PW2/D and this paper cutter knife has yellow handle which is correctly P. S. Sadar Bazar identified by PW-2. PW-10 has also seen accused taking out this knife and PW-10 has identified the accused before the court. It is deposed in cross examination by PW-10 that they snatched paper cutter knife from the hand of accused Ravinder and thereafter handed it over to the police at the spot. PW-3 HC Vinod had received the said knife from PW-2 Sanjay at the spot which was seized of by Sanjay after overpowering the accused Ravinder at the spot. HC Vinod / PW-3 had received the said knife immediately at the spot of incident. The knife Ex.P-1 was correctly identified by PW-3 as the same knife which was received by him from PW-2 and which has yellow handle. The parrot colour shirt is also correctly identified by PW-3 on record. The sketch of knife Ex.P-1 and seizure memo Ex.PW2/B prepared by IO bears the signatures of PW-3 at point B. the knife was seized by seizure memo Ex.PW3/A which bears the signatures of PW-3 at point A. PW-4 was on patrolling duty with PW-3 who had witnessed the incident immediately after its occurrence at the spot of crime and had also seen joining of IO on the spot after registration of FIR. PW-4 had seen that one boy was bleeding at the spot whose name was revealed as Sanjay/PW-2. PW-2 and PW-10 had apprehended the accused Ravinder at the spot. PW-2 and PW-10 had handed over knife to PW-3 and PW-4. The Doctor/PW-1 had already P. S. Sadar Bazar given the opinion that the injury received by PW-2 was caused by a sharp object. The paper cutter knife which was in the possession of the accused is the sharp object and it can cause the nature of injury received by PW-2 which is lacerated wound on the left side of neck (backside) ad-measuring 2x3 cm behind left ear and minor incised wound on the left side of the abdomen. The plea of the learned Counsel for the accused is not accepted that it was a dark night and visibility was hardly 50 meter in view of the fact that PW-2, PW-10 and PW-12 all had witnessed the incident from less than 50 meter about causing voluntary hurt to PW-2 by the accused Ravinder. It must be an incident occurred within a few feet. Accused was arrested at the spot vide memo Ex.PW/F whose personal search was conducted vide memo Ex.PW2/G. Hence, the prosecution has successfully proved on record that accused Ravinder @ Sushi had voluntarily caused hurt to PW-2 by an instrument of cutting by a paper cutting knife.