Grievous hurt
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
fact - Mr.'A' & Mrs.'B' were married for 8 years but their marriage was never happy one.Mrs.'B' used to make complain against Mr.'A' for not able to fulfill her demands.she used to compare him with her father who is a successful bussinessman.Mr.'a' informed his father-in-law Mr.'C'(aged 60) about his family problem but Mr.'C' everytime asked Mr.'A' to adjust with his daughter.On 10 january,2011 both the party sat together to solve the problem where Mr.'A' said."if situations are not changed then i will be forced to divorce your daughter."Hearing this Mr.'C' started shouting at his son-in-law & threatened him that if he divorce his daughter than he will give him a good lesson.
Being very annoyed Mr.'A' sent a divorce notice on 12 january,2011 to his wife & dragged her out of the house.
On 14 february 2011,Mr.'X' who is the family friend of both the parties invited Mr.'A; & Mr.'C' to his son's wedding.Mr.'X' wanted to make reconciliation between the parties.In between a conversation Mr.'C' was seen to jabbing Mr.'A' on his chest that day.being very angry Mr.'A' dragged Mr.'C' out of the wedding venue & gave a punch on his stomach & Mr.'C' became senseless.Point to be noted that Mr.'C' had an open heart surgery just 2 months before.A police officer was passing nearby.Hearing the shout he went to the place & on the basis of heresay witnesses arrested Mr.'A' & made FIR accordingly.
On behalf of Mr.'C' his daughter Mrs.'B filed a case of grievous hurt against Mr.'A'.
question-1. Is there actually any grievous hurt ??
2.As there was a matter of provocation from the side of Mr.'C', what are the defences for Mr.'A' ??
adv. rajeev ( rajoo )
(Expert) 14 December 2011
case is regd.against A. Whats about the chargesheet, whether it is filed or not yet? Before filing the chargesheet case may be comprmised and B report can be filed by the police.
If chargesheet is filed then you have to face the trial. No other way.
Regarding injury it is only depends on the medical report.
Nadeem Qureshi
(Expert) 14 December 2011
1. yes it is grivious hurt.
2. yes, its comes under provocation any many judgement are avaliable in this regards in favour of the accused.
feel free to call
V R SHROFF
(Expert) 14 December 2011
1. NO. it is not grievous hurt, unless and until it comply with sec 320 of IPC, or 20 days of hospitalization.
2. yes, it is provocation, but it is at later stage of trial.
You must reply question of Rajeev, as matter is 11 months old, and if no charge sheet?? what happened? was A arrested?? or on bail?? what is the status today?? Mr. A dropped idea to file Divorce??
Shonee Kapoor
(Expert) 15 December 2011
Agreed with Mr. Qureshi. It is a grevious hurt and may come under provocation, but it is a matter of trial.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
