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1 - 10 of 13 (0.21 seconds)Section 458 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 325 in The Indian Penal Code, 1860 [Entire Act]
Section 452 in The Indian Penal Code, 1860 [Entire Act]
Section 443 in The Indian Penal Code, 1860 [Entire Act]
Section 143 in The Indian Penal Code, 1860 [Entire Act]
Rohtas vs The State Of Haryana State Of Haryana on 5 November, 2019
14. Reverting to the facts of the instant case, from the
statement of the complainant/injured (PW-1) it is proved
that the hurt was caused by the appellant not in the process
of committing lurking house trespass. The offence of lurking
house trespass was complete once they entered into the
dwelling unit of the complainant. The injuries subsequently
caused by the appellant after breaking into his house do not
satisfy the requirement of section 459 IPC as held in Said
Ahmed's case (Supra) and by this court in Rohtas's case.
Since the grievous hurt has been caused after committing
the lurking house trespass, the offence proved against the
appellants would be under Section 457/34 IPC and not under
Section 459/34 IPC."