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1 - 10 of 13 (0.20 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 323 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 133 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Sidharth Srivastava & Ors. Bharat Pal & ... vs Ravindra Pratap Singh & Ors on 5 June, 2003
17. It has been held by the Hon'ble High Court in the case of Raju @
Rajpal Vs State & Ors (2014(3)(JCC) 1894) that where the simple
injury has been caused on the head of injured without premeditation, the
offence u/s 323 IPC would be made out instead of 308 IPC. In the
present case also, the complainant has suffered simple injury. The
relevant portion of the said judgment reads as under:
"The nature of injuries suffered by her was `simple' caused by blunt
object. Only one wound was found on her body.
Mohd Mussabir & Anr vs State & Anr on 3 August, 2011
15. It has been held by Hon'ble High Court in the case reported as 2011 (7)
AD (Delhi) 90, titled as Mussabir & Anr v. State and Anr. that for
constituting the offence u/s 308 IPC, it has to be established that the
assault was premeditated and the accused had knowledge that the
assault would result in injury which might lead to death of the victim.
Thus, for proving the offence u/s 308 IPC, prosecution has to establish
that the assault in the present case was premeditated as well as the
injury caused to the victim was sufficient to lead to his death.