infirmity
to any person is said to cause hurt.
Section 321 IPC Voluntarily causing hurt Whoever does any act with ... already been dealt with in ingredient (i) of Section
321 IPC above in para 11 and need no further discussion
Under Section 202 , Code of Criminal Procedure, I am dearly of the opinion that no case Under Section 323 / 34 , Indian Penal ... Superintendent of Police ( opp. party No. 1 ) Under Section 321 , Indian Penal Code it would be a travesty of justice for this Court
This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as " Cr.P.C .") has been filed against judgment ... provided under Section 357 Cr.P.C.
5. Heard learned counsel for parties.
Re: Principle of Sentencing
6. Indian legislature has not given
recorded u/s. 313 Cr.P.C . wherein the
incriminating evidence was put to the accused. In the said statement
u/s. 313 ... defines voluntarily causing hurt and
section 323 provides punishment for said offence. Section 506 IPC
provides that whoever commits
piece of brick.
13. Definition of hurt is given in section 319 IPC i.e.
"whoever causes bodily pain, disease ... person is
said to cause hurt." Section 321 IPC clarifies that whoever do this act
voluntarily, he said
opportunities. Therefore P.E. Closed. Statement of both
the accused persons u/s 313 Cr.P.C recorded in which they denied
all the allegation ... person is
said to cause hurt." Section 321 IPC clarifies that whoever do this act
voluntarily, he said
them
simple injuries.
14. Definition of hurt is given in section 319 IPC i.e.
"whoever causes bodily pain, disease ... person is
said to cause hurt." Section 321 IPC clarifies that whoever do this act
voluntarily, he said
Sections323, 328, 447, 504 and 34
of the Indian Penal Code .
[2] According to the prosecution case, on 18.04.2001 when the
complainant ... IPC of
the Indian Penal Code . Then, plea was recorded vide Exh.8 and 9
and respondentsaccused pleaded not guilty
IPC. The said sections read as under:-
Sec 323 IPC - Whoever, except in the case provided ... accused persons ; (b) Secondly,
causing of hurt as defined u/s 321 IPC to someone in the incident. Further
in order
IPC. The said sections read as under:-
Sec 323 IPC - Whoever, except in the case provided ... accused ; (b) Secondly, causing
of hurt as defined u/s 321 IPC to someone in the incident. Further in order
to prove