there is real
apprehension that the aggressor might cause death or
grievous hurt to the victim, could extend to the causing of
death also ... necessary that death or grievous
hurt should actually be caused before the right could be
exercised. A mere reasonable apprehension is enough
Deputy Magistrate of Pilibhit for the offences of rioting and causing grievous hurt, punishable respectively under Sections 147 and 825 of the Indian Penal Code ... single trial, for the offences of riot and causing grievous hurt; "and my learned colleague, towards the end of his judgment, observed
grievous hurt in Section 320 of the Indian Penal Code. The hurt from which the deceased suffered would, therefore, be grievous only if it fell ... causing hurt or grievous hurt, etc." Then the Judge proceeded to explain the definitions of hurt, grievous hurt and culpable homieicie. But he nowhere
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 ... Singh initially caused any hurt or grievous hurt voluntarily with an intention to cause hurt or grievous hurt to complainant and, therefore, offences under Sections
three offences viz., Section 147 (rioting), Section 325 (voluntarily causing grievous hurt) and Section 307 (attempt to commit murder) the latter two read with Section ... attempt to murder cannot be sustained and further mere causing grievous hurt without its being voluntary, being not punishable as stated in the charge
therefore, not disclosed. It is also contended that no one received
grievous hurt and offence under Section 333 of the IPC is therefore,
wrongly applied ... following manner :
320.
Grievous hurt.- the following kinds of hurt only are designated as
grievous .-
First.-
Emasculation.
Secondly.-Permanent
privation of the sight of either
oppression or violence; for example, of mischief or hurt or grievous hurt or murder. Accordingly, to say that the common object was to avenge something ... understood that the vengeance was to take the form of causing hurt, grievous hurt or murder. Apart from the vagueness, the wording is so general
cause hurt to any person, and does thereby cause hurt to any
person, is said "voluntarily to cause hurt
.322. Voluntarily causing grievous hurt ... likely to cause
is grievous hurt, and if the hurt which he causes is grievous hurt, is said
"voluntarily to cause grievous hurt
right to defend their property against
an assault whih threatened grievous hurt, if not death, gave
them the right to use force even the extent ... right be an assault as may reasonably cause the apprehension
that grievous hurt will otherwise be the consequence of such
assault. In other words
Bishna @ Bhiswadeb Mahato & Ors vs State Of West Bengal on 28 October, 2005
Equivalent
