good evening respected seniors and my dear friends,
i am currently doing a case under 325 ipc and i would like to know the basis of conviction in such cases. the ld. public prosecutor says that the statement of the complainant and mlc is more than enough to get the accused convicted. is it true? i have been going through judgements and have not found any specific judgement. please do share some case laws in order to help me.
the story is short and simple,
this is a fight between two neighbours. the incident occured one day after diwali, the complainant was sleeping at midnight and heard abuses and when he came down he saw his wife fighting with the neighbour lady (not the accused person, just some women living next door) who lives on the right hand side of the complainant. meanwhile the accused (3 borthers) were bursting crackers infront of their own house which is directly infront of the complainants house (distance is 6-7 steps, in a very densly populated area) the complainant told the accused not to burst crackers to which the accused caught hold of the complainant and started beating him. then the accused beat the complainant's wife and two sons with baseball bats and hockey sticks and cricket bats. one of the sons recieved fracture in the hand and thats how 325 ipc has come into play.
my defence:
1) the injuries inflicted were not intentional, they were minding their own business when they saw the neighbours fighting, they tried to intervene to stop the fight and were provocked by the complainant. the concept of "voluntarily casuing grevious hurt is missing here"
2) the incident started sometime after midnight, the incident went on for 20 mins and the time on the fir is 00:00:00 hrs. whereas mlc states that it was 1 am, and the complainant stated that they went to the police station after reciving treatment. there for timing is all wrong.
3) no explanantion as to how the accused persons got injured
4) no recovery of any kind of weapon, baseball bat or anything. nothing was recovered.
5) the call was made and the police arrived at the scene after 30 mins, during this time duration anything could have happened.
6) injuries to the main complainant is simple (but the son says blood was oozing out of the fathers mouth whereas mlc says no such things) mothers injury is also simple according to the mlc (yet the son says that she was admitted because she had head injury, nothing like that in mlc) elder son recieved fracture he is around 45 years old, he could have fractured his hand during a fall or in some other way during the fight or during the period of those 30 mins when the police were coming) youngest son recieved almost no injuries mlc says simple injury.
the lady has agreed to come as witness, but the question still remains, is intention not necessary for 325 ipc? is the statement and mlc enough?
