Back
2024 Supreme(Online)(MP) 51972
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIJAY KUMAR SHUKLA
Munabbar Ali (Shah) – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRR 826/2024
Raj Kumar Swarnkar,Advocate General
The definition of a dangerous weapon under section 326 IPC is exhaustive, and it is a matter of evidence whether a stone would amount to a dangerous weapon.
Headnote:
CRIMINAL LAW - CHARGE FRAMING - SECTION 326 IPC - GRIEVOUS HURT BY DANGEROUS WEAPONS OR MEANS - STONE - INTERPRETATION
Fact of the Case:
The applicant was charged under sections 294, 323, 326, and 506(I) IPC for allegedly causing injury to the victim with a stone. The applicant challenged the framing of the charge under section 326 IPC, arguing that the injury did not amount to grievous hurt.
Finding of the Court:
The court held that the definition of a dangerous weapon under section 326 IPC is exhaustive and that it is a matter of evidence whether a stone would amount to a dangerous weapon.
Issues: Whether the injury caused by the applicant amounted to grievous hurt under section 326 IPC.
Ratio Decidendi: The court relied on the definition of a dangerous weapon under section 326 IPC and held that it is a matter of evidence whether a stone would amount to a dangerous weapon.
Final Decision: The court dismissed the applicant's revision petition and upheld the framing of the charge under section 326 IPC.
ORDER
The present revision is filed under section 397/401 of Cr.P.C. being aggrieved by the order dated 12.1.2024 passed by II ASJ, Narsingarh whereby against the applicant charge under sections 294, 323, 326 and 506(I) IPC have been framed.
2. Counsel for applicant submits that as per prosecution case, allegation against the present applicant is that he had caused injury to the victim with the help of stone and therefore, the charge under section 326 IPC has been wrongly (VIJAY KUMAR SHUKLA) JUDGE framed, at the most the charge under section 325 IPC shall be made out.
3. Counsel for the State submits that allegation against the applicant is that he had caused injury on the head of the victim with the help of stone which resulted into fracture, therefore the court has rightly framed charge under section 326 IPC.
4. To appreciate the aforesaid submission, it is apposite to refer section 326 IPC which is reproduced below :-
-
Section 326 - Voluntarily causing grievous hurt by dangerous
weapons or means
- Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
-
Upon perusal of section 326 IPC, it transpires that definition of dangerous weapon is exhaustive under section 326 IPC. However, it is matter of evidence whether the stone would amount to dangerous weapon or not.
-
Thus, prima facie I do not find any error in the impugned order framing charge under section 326 IPC against the applicant.
-
Criminal Revision is accordingly dismissed.
