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Charan Singh & Ors vs State Of Punjab on 26 July, 1974

In Charan Singh vs. State reported in 1998 Crl. L.J. NOC 28 (Delhi) it was held that in order to bring home a charge under Section 397, the prosecution must produce convincing evidence that the knife used by the accused was deadly weapon. What would make knife deadly is its design or the method of its use such as is calculated to or is likely to produce death. It is, therefore, a question of fact which is required to be proved by the prosecution that the knife used by the appellant was a deadly weapon and in absence of such evidence and particularly non-recovery of the weapon, would certainly bring the case out of the ambit of Section 397.
Supreme Court of India Cites 7 - Cited by 140 - H R Khanna - Full Document
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