ipc-326

kailash (Querist) 20 July 2011 This query is : Resolved
On 16.7.11 @ 1.30am to 1.45 am one boozer beaten my father & his co-worker when they were on duty as security Guard.
that guy came drunken he used foul language to them & hit them with 1 inch to 1.5 inch bambu (wooden stick)& broken my father (age-55) both hands bones 4 different place on hands also bleeding & his co-worker (age-45) too left hand bone broken.
as per police they charge ipc-326 for this but how we come to know whether that boozer got bail or not & what will charge or punishment provision as per law.
what should we do to make strong case against him.
as per police they have charged ipc-326
what will we have to do for sustaining his jail. or not to bail.

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Sajeev Menon (Expert) 20 July 2011
You can request the copies of the FIR and Charge sheet from the concerned police station and apply before the court to appoint a special prosecutor to conduct the case from your side.

Raj Kumar Makkad (Expert) 20 July 2011
Police has made a very simple case and it seems police is hand in glove with the accused person otherwise various other serious section would have been attracted in the given facts. As you father and other injured both were on duty hence section 407, 432 IPC are also attracted. section 307 IPC should have been imposed rather of section 326 IPC.

You can even file a criminal complaint under section 200 Criminal Procedure Code if police is not taking further action against those accused persons.

THANKACHAN V P (Expert) 21 July 2011
As rightly pointed out by Raj Kumar Makkad the police should have registered FIR under 307 IPC against him .Then it would have become case triable by court of Session. So file a private complaint before court against him.It is the discretion of the court as to how long he should be .behind the bars as pretrial punishment.I do not know how 407 and 432 IPC attract in this case