JUDGEMENTS- (Offences Affecting the Human Body)
- CASE: Mathai vs State of Kerala
- JUDGMENT DATE: 12th January, 2005
SECTION 326 - IPC: Voluntarily causing grievous hurt by dangerous weapons or means.
BENCH:
- Justice Dr. Arijit Pasayat
- Justice S. H. Kapadia
FACTS:
The victim, Krishnan Kutty was walking along the public road near Pulinchode Cruz Junction at around 5:30 pm on 27.10.1992. The accused hit him on his head and face with a stone and caused injuries.
The victim was taken to Medical Mission Hospital, Kolencherry. The Head Constable of Puthencruz Police Station registered the FIR and then the assistant SI took up the investigation.
ARGUMENTS AGAINST THE ACCUSED:
Section 326 requires the offense to be committed with an instrument which, when used as a weapon of offense is likely to cause death.
JUDGEMENT:
Appellant questions legality of the judgment passed by a single learned Judge of the Kerala High Court upholding the view of the trial Court that the appellant was guilty of an offense punishable under Section 326 of the Indian Penal Code and has been rightly convicted under such provision with the corresponding sentence of two years of rigorous imprisonment. Learned Judicial First Class Magistrate, Kolencherry convicted the accused and sentenced him which was confirmed by learned Third Additional Sessions Judge, Ernakulam. The revision application filed by the accused under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 was dismissed by the undisputed order.
ANALYSIS:
I am of the opinion that the appellant is culpable for causing grievous hurt to the victim. Section 326 requires the grievous hurt to be caused by an instrument which if used as a weapon of offence, can cause death. Hitting the head and face with a stone may most definitely cause death. I stand with the decision of all the courts that convict the appellant.
