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C.V.SIRPURKAR
Chhota @ Akash – Appellant
Versus
State of M. P. – Respondent
1. This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure, filed on behalf of applicants/accused persons Chhota @ Akash, Vipin and Veeru. It is directed against the order dated 25-2-2015 passed in Criminal Revision No.11/2015 by the Court of VII Additional Sessions Judge, Sagar, affirming the order passed by the Judicial Magistrate First Class, dated 16.12.2014 in Criminal Case No. 2596/2014 framing charges against the applicants under sections 323, 294, 506 and 324 read with section 34 of the Indian Penal Code.
2. As per prosecution case, amongst other things, applicant-accused person Vipin clawed the neck of Atul with his nails. The only point that has been raised on behalf of the applicants during arguments is whether an injury caused by human nail can be said to have been caused by means of an instrument for stabbing or cutting, making causing of such injury punishable under section 324 of the Indian Penal Code?
3. No authorities have been cited on either side in this regard; therefore, the Court shall proceed to consider this question by interpreting the relevant part of section 324 of the Indian Penal Code
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