Section 326 in The Indian Penal Code, 1860
326. Voluntarily causing grievous hurt by dangerous weapons or means—
Whoever, except in the case provided
SCALE (1)685
ACT:
Indian Penal Code , 1860:
Sections 141 , 149 , 299 , 300 , 302 and 326-Unlawful assembly-
What is-Six accused charged with offences ... Section 326
with the aid of Section 149 is not sustainable in law, we
set aside their conviction under Section 326 / 149 IPC
Indian Penal Code but convicted him and 2 other appellants
under s. 148, Indian Penal Code and ss. 302/149, Indian
Penal Code . The State ... constructive offence under s. 302 / 149 , Indian Penal
Code to the substantive offence under s.302 , Indian Penal
Code, but "in order to obviate
I.P.C.,
Sec.302 r/w Sec.120-B I.P.C., Sec. 307 r/w Sec.120-B I.P.C.,
Sec.326 ... I.P.C., Sec.302 r/w Sec.120-B I.P.C.,
Sec.307 r/w Sec.120-B I.P.C., Sec.326
2004 under Section 377 of Cr.P.C, praying for enhancement of the sentence under Section 326 of IPC. on the ground that ... inadequacy of the sentence for the offence punishable under Section 326 of IPC.
12. Shri Sandesh Chouta learned Counsel appeared and argued
instead, appellant Sayed Munna deserves to be convicted under Section 326 IPC and appellants Nasir Shaikh under S. 326 read with 34 IPC ... IPC; their breach being punishable under Section 302 IPC, nor under any of the clauses of Section 299 IPC
Motilal, the accused in the instant case, was convicted under Section 326 , IPC though the charge against him was for offence under Section ... observed as under :
Section 34 , 114 and 149 of the Indian Penal Code provide for criminal liability viewed from different angles as regards actual participants
IPC Imprisonment year
307/149 R.I. Five years 3000/- S.I. three
IPC months
326/149 R.I. Four years ... Custody
IPC Imprisonment year Certificate
dated
307/149 R.I. Five years 3000/- S.I. three
24.5.2013
IPC months
326
that case the accused could only be held guilty under Section 326 IPC and not under Section 307 IPC ... under Section 326 IPC instead of 307 IPC and his conviction and sentence is converted into Section 326 IPC
Section 323 , IPC 3 months - -
7. Section 324 / 149 , IPC 6 months - -
8. Section 325 , IPC 1 year ... Section 148 , IPC 6 months - -
2 Section 324 , IPC 6 months - -
3 Section 307 / 149 , IPC 7 years