Search Results Page

Search Results

1 - 10 of 10 (0.73 seconds)
State vs . Sher Ali S/O. Mohd. Abdul Salam on 26 April, 2018 cites

Bhanwarlal vs Mst. Parbati And Anr. on 9 February, 1967

11. As far as the ingredients under Section 459 IPC are concerned, in the very wording thereof the word 'whilst' requires to be given a broader interpretation in the light of case law titled as Bhanwarlal Vs. Parbati 1968 Crl.L.J, 130(All). In the said judgment, the Hon'ble Allahabad High Court observed that the word 'whilst' cannot be confined to the narrow meaning of causing grievous hurt while attempting to trespass into the house. It was further observed that the house breaking was a criminal trespass and that the offence continues so long the person committing trespass remains upon the property trespassed. Thus, undoubtedly, even if the injuries caused to the complainant were so caused after entering into the house, the same would amount to the offence as under Section 459 IPC as the nature of the injury has clearly been opined grievous. The fact that the house was being searched by the accused and things were lying scattered there are sufficient to prove the intention of the accused having come there to commit theft. The accused could not succeed in committing the theft as in the meantime the complainant had arrived there and thus, the charge under section 380 r/w 511 IPC also stands proved in the absence of any cogent or probable defence.
Rajasthan High Court - Jaipur Cites 25 - Cited by 3 - Full Document
1