AI Overview...
- Fracture on Hand and Relevance to Section 308 IPC
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Several cases discuss whether injuries, such as fractures (including on the hyoid bone or hand), amount to offences under Section 308 IPC. Notably, the absence of fractures (e.g., on the hyoid bone) was considered significant in assessing whether strangulation or other injuries constituted culpable homicide or an attempt to cause death Ponusamy VS State of Tamil Nadu - Supreme Court, Afghan Sha Alikhan, Kadapa Anr VS State Of Andhra Pradesh - Andhra Pradesh, Bhagat Ram VS State of Himachal Pradesh - Himachal Pradesh.
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Applicability of Section 308 IPC
- Multiple judgments clarify that not all injuries or acts resulting in harm automatically attract Section 308 IPC. For instance, if the injury does not involve an imminent danger to life or does not meet the criteria for an attempt to cause death, the charge under Section 308 is not made out. In one case, the court held that culpable homicide does not amount to murder, and the specific injuries did not justify a Section 308 charge Chanabasappa VS State of Karnataka - Karnataka, [STATE OF U P
VS KISHORI LAL -
Allahabad](https://supremetoday.ai/doc/judgement/02500031530).
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Evidence and Injury Assessment
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The presence or absence of fractures, such as on the hyoid bone, is crucial in determining the nature of injury—whether it indicates strangulation or an attempt to cause death. The absence of such fractures was noted in some cases, influencing the court’s decision that Section 308 was not applicable Ponusamy VS State of Tamil Nadu - Supreme Court, Afghan Sha Alikhan, Kadapa Anr VS State Of Andhra Pradesh - Andhra Pradesh, Bhagat Ram VS State of Himachal Pradesh - Himachal Pradesh.
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Court's Interpretation and Legal Standards
- Courts emphasize that for Section 308 IPC to apply, the act must be done with the intention or knowledge of causing death and be imminently dangerous to life. Mere injuries, even if grievous, without this intent or danger, do not qualify [STATE OF U P
VS KISHORI LAL - Allahabad](https://supremetoday.ai/doc/judgement/02500031530), Banay Singh Goorjar VS State of Rajasthan - Rajasthan.
Analysis and Conclusion: The provided sources collectively establish that a fracture on the hand or other injuries alone do not automatically amount to an offence under Section 308 IPC. The key factors are the intent, knowledge, and whether the injury was imminently dangerous to life. The absence of specific fractures (like on the hyoid bone) and the nature of injuries influence whether charges under Section 308 are applicable. Therefore, a fracture on the hand by itself, without evidence of intent to cause death or imminent danger, does not constitute an offence under Section 308 IPC.
Search Results for "Fracture on Hand does Not Amount 308 Ipc"
2008 0 Supreme(SC) 629 • India - Supreme Court
HARJIT SINGH BEDI, S.B.SINHA
Indian Penal Code , 1860 - Section 302 – Section 201 - Evidence Act - Section 27 - Deceased was wife of ... of Gift in favour of deceased was executed by her father - Appellant wanted same to be registered in his name - His request was not ... live with deceased and approached PW-2, therefor - As deceased also agreed to said proposal, they left house of PW-1 - She was not ... It is true that the autopsy surgeon, PW-17, did not find any fracture on the hyoid bone. Existence of such a fractur....
1993 0 Supreme(All) 616 • India - Allahabad
A.S.TRIPATHI, O.P.PRADHAN
However, the court held that the charge under Section 308, read with Section 34, I. P. C., was not made out. Issues: 1. ... Whether the respondents were liable to be convicted under Section 308, read with Section 34, I. P. C. Ratio Decidendi: 1. ... C., and therefore, the charge under that section was not made out. ... The amount of fine shall be deposited in the Court to the Chief Judicial Magistrate, Jhansi within a period of one month from today. The amou....
2015 0 Supreme(Kar) 1130 • India - Karnataka
A.V.CHANDRASHEKARA
iii) culpable homicide does not amount to murder. ... ... If the fine amount is paid, out of the fine amount, a sum of Rs.20,000/- (Rupees Twenty Thousand Only) ordered to be paid to PW.5/Victim Basavaraj s/o. Ravutappa Navi, R/o: Suragihalli. ... By no stretch of imagination, the provisions of Section 308 are applicable to the facts of the present case. Therefore there is no merit in the contention of Sri R.S. Lagali that the case on hand is covered under Section 308#HL_END....
2020 0 Supreme(AP) 349 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY, B.KRISHNA MOHAN
in hyoid bone not negating strangulation theory. ... (A) Criminal Procedure Code, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 302, 201, 363, 392 - Conviction and sentencing ... witnesses and confessions, despite being circumstantial, established the accused's guilt beyond a reasonable doubt, with the absence of fractures ... But it is contended by the learned counsel for the appellants/accused that PW14 has not noticed either fracture of hyoid bone or fracture of thyroid....
2013 0 Supreme(Del) 2181 • India - Delhi
VEENA BIRBAL
IPC - Assault - 308 IPC - Summary: The court upheld the conviction of the appellant under section 308 IPC based on the evidence ... Finding of the Court: The court found the appellant guilty under section 308 IPC based on the consistent evidence of ... Issues: The main issue was whether the appellant's actions constituted an offence under section 308 IPC or a lesser offence ... Accordingly, it is directed that sentenced imposed u....
• India - Crimes
CHARANJIT TALWAR
sentence as and when required by court-Amount of compensation. ... Indian Penal Code, 1860, Sections 308/ 34 -Convict/Appellant challenged correctness of Judgment - Release on probation -Furnishing ... bond of Ks. 5000/- each for period of two years - One surety of like amount for good behaviour/Peace/character during that period-Receive ... Arun Kumar and his father were demanding the amount, which according to them had been received in excess by the appellants whereas the appellants case was that it w....
2015 0 Supreme(Del) 1 • India - Delhi
SANJIV KHANNA, ASHUTOSH KUMAR
MURDER - EVIDENCE ACT, 1872, INDIAN PENAL CODE, 1860 - Section 106, 302 - [SUMMARY OF ACTS AND SECTIONS REFERENCED] - The court ... The court also emphasized that the defective investigation did not negate the reliable evidence. ... The court also criticized the police for their lapses in the investigation, but held that the defective investigation did not negate ... It is true that the autopsy surgeon, PW 17, did not find any fracture on the hyoid bone. Existence of such a fracture le....
2018 0 Supreme(Raj) 1336 • India - Rajasthan
MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
APPEAL - SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE - CONVICTION AND SENTENCE FOR OFFENCES UNDER SECTIONS 302, 326, AND 34 OF THE IPC ... against a trial court's conviction and sentencing of four accused-appellants for offences under Sections 302, 326, and 34 of the IPC ... not properly connected to the injuries sustained by the victims. ... Injury no. 1 was found to be grievous in nature with fracture of first and second knuckles. Thereafter, Shyama died at 04:15 AM on 25.09.1988. His postmortem report is Ex. ... The....
1993 0 Supreme(All) 615 • India - Allahabad
A.S.TRIPATHI, O.P.PRADHAN
Khan (PW 1) with lathies on 14-10-1975 at about 10 a.m., at the chabutara of respondent Kishori in village Luhari, resulting in fracture ... Whether the respondents had the requisite intention or knowledge under Section 308, I.P.C. 3. ... The prosecution failed to establish the requisite intention or knowledge under Section 308, I.P.C. 3. ... The amount of fine shall be deposited in the Court to the Chief Judicial Magistrate, Jhansi within a period of one month from today. The #HL_STAR....
2011 0 Supreme(HP) 2255 • India - Himachal Pradesh
R.B.MISRA, SURINDER SINGH
The court held the accused guilty under Section 308 of the Indian Penal Code for attempting to commit culpable homicide. ... imminently dangerous to life, leading to the application of Section 308 of the Indian Penal Code instead of Section 307. ... life, leading to a conclusion that the offence under Section 307 of the Indian Penal Code was not made out. ... In view of the above, in our opinion, the offence under Section 307 of the Indian Penal Code against the accus....
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