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PHILLIPPU PILLAI v. NAGANATHAR


PHILLIPPU PILLAI v. NAGANATHAR.

PHILLIPPU PILLAI v. NAGANATHAR.

 P. C., Kayts, 6,526.

Penal Code, s. 315-Voluntarily causing hurt with a cutting instrument-Sickle- Injury caused by back of sickle.

Though a sickle be not used by an assailant to cut with its sharp side yet if he used the back of it with such force as to product: an incited wound, he would be guilty of the offence of voluntarily causing hurt with a cutting instrument, under section 315 of the penal code.

THIS was an appeal against a, conviction for voluntarily causing hurt, under section 315 of the Penal Code, by means of a sickle.

Walter Pereira {Elliott with him), for accused, appellant.- The sickle used in this case had a blunt side, and the wound was

inflicted with the blunt edge. Consequently the sickle was not used as a cutting instrument, nor can the conviction be for using a cutting instrument. As far as this case goes, the weapon was not a cutting weapon at all. If I used the barrel of a gun to strike at anybody, I would not use an instrument for shooting, though ordinarily the gun is a shooting instrument. Mr. Justice Lawrie has held that, in order to be convicted for inflicting an inju

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