This query is : Resolved 

04 January 2011

FACT OF THE CASE= Mr. 'A' hit by Mr. 'Y' and 'Z' with a wooden piece,which caused a head and bodily injuries to Mr. 'A' i.e Mr. 'A' got a serious skull injury as well as bond of leg is broken.

QUESTION=(1) Under this fact do the 'Wooden piece' can be brought under the definition of 'Dangerous Weapon' as described in IPC.??
(2) Mr. 'Y' and 'Z' can be brought under what provisions of Cr.P.C and IPC.??
(3)is this 'HURT' or 'GRIEVOUS HURT'???
If possible pliz!! enclosed a similar citation cases by Supreme Court.

Guest (Expert)
04 January 2011

1. yes

2. Moreover the definition of grievous hurt in IPC confirms that it is a grievous hurt. so it is punishable u/s 326 of IPC

3. grievous hurt.

lissing perme (Querist)
04 January 2011

THANK'S YOU SIR!! Sir! any judgement by Supreme Court in similar cases????

N.K.Assumi (Expert)
05 January 2011

Before a conviction for the sentence of grievous hurt can be passed , one of the injuries defined in section 320 IPC must be strictly proved and the eight clause is no exception to the general rule of law that a penal statue must be construed strictly, and what constitute a dangerous weapon would depend on the facts of the case and no generalization can be made.You may refer to the case of Mathai Vs State of Kerela: 2005-(001)-SCALE-0293-SC.

Ajay Bansal (Expert)
05 January 2011

See A.I.R. Manuals.

raj kumar makkad (Expert)
05 January 2011

The imposition of the IPC sections in the given case depends upon the medical examination, its report and fact and circumstances described in FIR. If the life of the victim was/is declared in danger wherein a commission of the offence has been made with full preparation then section 307 IPC can also be attracted. The place of occrance of crime is also important. If the victim was injured in his house by accused person with Lalkara, then section of house trace-pass shall also be inserted. So nothng is general and even no citation of SC can be given at this stage because querist is not clear on which point he requires such citation. There are lakhs of SC decisions on such matters.

lissing perme (Querist)
05 January 2011

Thank's you all sir's!!!
in this case victim(Mr.'A')attend the "waiting night" celebration in his elder brother house.while he and his elder brother family was bush in celebration,in around 9 p.m.suddenly Mr. 'Y' and 'Z' enter the house of victim(Mr.'A')brother though they were not invitees.After sitting for an hour Mr. 'Y' and 'Z' start to talk and act in provocative manner.Meanwhile one call come in mobile of victim brother so he go outside of the house to receive the phone call in the meantime the door of the house was locked from inside by the Mr. 'Y'.Latter on Mr.'A' heard the sought of his brother and opened the door of house,then again Mr. 'Y' again locked the door of the house and soughted that "now no one will be allowed to go outside of the house".Here Mr.A responded gently that as it already mid-night we should disperse and asked both Mr.''Y' and 'Z' to leave.Then suddenly, Mr.'Z' pushed down Mr.A to the ground,while Mr.A was lying again Mr. Z attacked him with wooden piece in head and then Mr.'Y' also hit him with same wooden piece in his leg which caused major fracture (bond of leg broken)in leg and 8(eight)string in the head.

Now the problem is that as Mr.'Z'is a State Police personal and also belong from same community of the O.C of the concerned police station. O.C had booked Mr. 'Y' and 'Z' under sections 451/325/34 of IPC.
and give them bail in the same day when both the accused were surrender.

Now my question is that is this not the fit case to be trail accused under sections 307/326/452/34 of IPC.????
is there any other provision of law that can be implit to Mr.'Z'i.e departmental???
can 'Wooden Piece' can be brought under definition of "Dangerous Weapon" base on above fact of the case.???
any citation cases by Supreme Court to define GRIEVOUS HURT,DANGEROUS WEAPON based on above fact of case.
AND any other advice....

Guest (Expert)
05 January 2011

1 No

2. Punishable under section 325 IPC... wooden piece nt fall into dangerous weapon.

3. Grevious hurt

lissing perme (Querist)
06 January 2011

@N.K.Assumi!! sir as per you guidance I try my best to access the case Mathai Vs State of Kerela: 2005-(001)-SCALE-0293-SC through net.But i don't able to get this.
so sir!!could you PLIZ!! guide me how to access such information through net.
AND sir pliz give me any citation case by Supreme Court which enlarge the definition of GRIEVOUS HURT,DANGEROUS WEAPON as provided in IPC taking fact of case/seriousness of injuries.

lissing perme (Querist)
08 January 2011

Sir need urgent help!!
Now Mr. 'Y' and 'Z' had filed F.I.R. that Mr. 'Y' bike;in which both came in the night of incident is destroy by Mr.'A' elder brother which is not true. As after the incident they left the bike it is still in site of incident.

As Mr.'Y' being the Police personal and belong from same community of Investigation Officer;he is bias and favoring Mr. 'Y' and 'Z'.He may arrest Mr.'A' elder brother.

So respected Sir!!
what is a remedies against such false F.I.R.???..
Do District Magistrate has power to quashed the False F.I.R.???...
Destruction of property invite which section of IPC?? Is this bailable or non-bailable??

Advocate. Arunagiri (Expert)
08 January 2011

District magistrate is not having power to quash FIR. Only HC is having power u/s 482 to quash the FIR.

For rest of your queries read:-
201. Causing disappearance of evidence of offence, or giving false information to screen offender —
Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;
If a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
If punishable with imprisonment for life.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
If punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.
Para I: Punishment—Imprisonment for 7 years and fine—According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine or both—Non-cognizable—Bailable—Triable by court by which the offence is triable—Non-compoundable.

lissing perme (Querist)
08 January 2011

@ Advocate Arunagiri thank's you for advice!!
Sir with high regard again I would like to make submission that my question is about the destruction of property!! not evidence.
Sir my last query is in continuous with my first query. i.e. in my last question is about two accused (Mr. 'Y' and 'Z')who physically assault Mr. 'A'in the eve of New Year.After attack they left their BIKE in the place of incident(Mr.'A' elder brother resident).As Mr. 'A' is seriously injured in the attack his elder brother file F.I.R.
Now in retreat Mr. 'Y' and 'Z' has file false F.I.R against Mr. 'A' elder brother that he has destroyed their( Mr. 'Y' and 'Z') BIKE,which is false though bike is still in Mr.'A' elder brother house.

Base on this fact my question was/are:

what is a remedies against such false F.I.R.??

Destruction of property invite which section of IPC?? Is this bailable or non-bailable??

Answer of other question I got by your generous post.

Again thank's you for response and waiting for your and other Experts advice.

lissing perme (Querist)
10 January 2011

@ EXPERTS!!! still looking for your valuable advice.

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