Maintainability of the conviction and sentence of the accused under
section 326 IPC is the core question to be decided in this criminal ... IPC, one of the injuries defined in section 320
IPC must be proved failing which the charge under section 326 IPC
WITH 401 CR.P.C. PRAYING
TO ENHANCE THE SENTENCE OF ACCUSED No.1 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 326 OF IPC ... IPC without referring to Section 34 of IPC. But he has
mentioned or inserted Section 326 of IPC prior
appellants for the offences punishable under
Sections 326 , 302 r/w Section 34 of Indian Penal Code,
Sections 109 , 302 & 114 r/w Section ... Secs.
302 r/w 34 IPC , 109 and 302 IPC and Sec.114 r/w 326
and 302 IPC
read with
Section 149 of the Indian Penal Code (for short, " IPC ") at Police Station
Kharar, whereby the appellants were held ... Section 149 IPC
323 IPC read with 3 months R.I.
Section 149 IPC
148 IPC
said three sections of IPC are reproduced
hereinbelow in verbatim:-
Section 320 in The Indian Penal Code , 1860
320. Grievous hurt.--
The following ... unable to follow his
ordinary pursuits.
Section 326 in The Indian Penal Code , 1860
326. Voluntarily causing grievous hurt by dangerous weapons or means--
Whoever
Court that the accused have
committed the offence punishable under
Section 326 of I.P.C. is entitled to be
confirmed. However, the sentence imposed ... aside convicting the
accused for the offence punishable under section 326
IPC needs to be set aside and the conviction order
passed
imprisonment of seven years for the offence
punishable under Section 326 IPC
3. Brief facts of the case are as under:
A complaint ... sentenced the accused
for seven years for offence punishable under Section 326
IPC. Being aggrieved by the same, the accused is before
this
which endangers life in term of clause
8 of Section 320 , Indian Penal Code, for, it describes the
injury 'dangerous to life' only ... IPC and therefore, offence under Section
307 IPC is not made out as it is a case under Section 326 IPC
registered under Sections 307 ,
326 , 379B , 324 , 325 , 341 , 506 , 148 and 149 of the Indian Penal
Code at Police Station Division E, Police Commissionerate ... Datar Sharp 326 IPC
Kumar
307 IPC
Mahajan
11 -do- Arun Grievous Injury on Head Datar Sharp 326 IPC
caused by a dangerous weapon further higher
punishment is provided in section 326 I.P.C.
19. From the above, what emerges is that whether ... sentence under section
326 IPC is concerned, he is convicted under
section 324 IPC, instead of 326 IPC
