with an iron
kator. The accused No. 4 Vajesing Raimalji had voluntarily caused
hurt to witness Ambalal Vastaji by a stick. The accused ... Sardarji Kanaji had voluntarily caused hurt to witness Jawani
Vashramji by a spear and the accused No. 17 had voluntarily caused
hurt to Jawanji Vashramji
liability cannot therefore be more than that of an offence of voluntarily causing hurt with a stick so as to be punishable under Section ... injury caused on the head of the deceased, the appellant was held liable for an offence of voluntarily causing hurt with an axe under Section
provisions of
Section 321, namely, causing voluntarily hurt and
thereby, attracting Section 332, namely, voluntarily
causing hurt to deter public servant from discharging ... hurt to
any person, and does thereby cause hurt to any
person, is said "voluntarily to cause hurt".
(c) Section 332- Voluntarily causing
under:
"(i) That the accused caused hurt to another person;
(ii) That he caused such hurt voluntarily;
(iii) That such a case ... ingredients:
"(i) That the accused caused grievous hurt to any
person;
(ii) That such hurt was caused voluntarily;
(iii) That such grievous hurt
likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt is said 'voluntarily to cause grievous hurt ... grievous hurt, and if the hurt which he causes is grievous hurt, then it can be said that grievous hurt is caused voluntarily. Explanation
offence of voluntarily causing hurt to Mavji Naran, the accused No. 3 Manji Harji Dungrani has been sentenced to undergo R.I. of one year ... offence of voluntarily causing hurt by means of deadly weapon to the deceased Vaghji Hirji, accused No. 4 Lalji Harji Kerai has been sentenced
dacoity. Section 392 provides for punishment for
robbery. Section394 provides for voluntarily causing hurt in
committing robbery. Section 394 reads thus:
"394. Voluntarily causing ... person, in committing or in attempting to
commit robbery, voluntarily causes hurt, such
person, and any other person jointly concerned in
committing or attempting
both.
Section 323 in The Indian Penal Code :-
323. Punishment for voluntarily causing hurt.--Whoever,
except in the case provided for by section 334,
voluntarily ... violence or hurt etc. is caused at the time of
theft, it would be reasonable to infer that
violence or hurt was caused for facilitating
violence or hurt etc. is caused at the time of
theft, it would be reasonable to infer that
violence or hurt was caused for facilitating ... that hurt or violence
was caused not for this purpose but for a
different purpose."
16. Here, there are allegations of hurt caused
2020 JUDGMENT DATED: 13/07/2023
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325. Punishment for voluntarily causing grievous hurt.
--Whoever, except in the case provided for by section
335 , voluntarily ... fine.
Section 323 in The Indian Penal Code :-
323. Punishment for voluntarily causing hurt.--
Whoever, except in the case provided for by section
334 , voluntarily