Given under my hand and seal of this court on this 9th day of April, 2012. He further testified that as they could not enter, police forcibly opened the gate and as soon as they entered into the premises, a hulla was raised. Article shared by Legal Provisions of Section 323 of Indian Penal Code, 1860. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato. Does she need to fight in india.
He added that thereafter the Nazarat handed over the possession of the land to the decree holder. My Lawyer already applied for a anticipatory bail. Defence could not disprove her evidence. Is dhara 325 mein bail ka bhi pravdhan hai, jo bail-able offence hai. Punishment- Yadi hamla karne wala vyakti doshi paya jaata hai, to aise mein kanoon us vyakti ko 10 saal ki jail ki sja ya ajivan karavas de sakta hai.
She also added that then one police constable Tarun Sarma entered into the house and he was also caused hurt. Imprisonment for 10 years and fine. Heard the convicts on the point of sentence,it is true that 19 years have since been passed from the date of occurrence and most of the convicts have turned to more than 60 years of age and ailing and infirm. This case is with high court of Kerala and also stay order for the mentioned area for not blocking the road. Or just stay in own country. Besides, out of the five convicts four are women.
On the basis of the said information Exhibit 1 Chandmari P. Appeared: For the State: Smti M. He added that the said assembly created an unruly situation, as a result of which the officer in charge of the police party tried to drive them out. Imprisonment for 6 months, or fine of 500 rupees, or both. For the accused: Shri B. He further added as soon as the police force entered the premises, the people who remained inside the premises, fled away from backside. Explanation —A report made by a police officer in a case which discloses after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.
Considering the facts and circumstances of the case, the away the convicts forming an unlawful assembly tried to resist the lawful execution of a decree of the Civil Court and thereby used force and violence and also caused hurt to a lady police officer and other police personnel, I find that the convicts are not entitled to get the benefit of the Protection of the Offenders Act. His testimony reveals that as they reached the place of occurrence, they found the gate closed. In case if you were not in India than by filing photo copies of passport, you may inform the court that the cases are false as you are away and out of India when the allegations wre made agaist you. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Sath hi sath dhara 326 non-compundable offence bhi hai.
Maintenance cost may recover from your property if any stands in you name in India otherwise not. State of Rajasthan the High Court of Rajasthan held that where the accused inflicted a single lathi blow on the head of the deceased causing a simple injury but the deceased died because of intra-cranial hemorrhage, the accused not having knowledge that a single lathi blow could cause such internal injury resulting in death, his conviction under section 302 should be altered to one under section 323 of the Code. . His testimony is that a writ of handing over of possession to decree holder was issued by the Sadar Munsiiff, Guwahati in Title Execution case No 23of 1981 and he was directed to execute the writ and to hand over the possession of the decreetal land to the decree holder with the help of police. Related Articles The information provided on LawRato.
It states that except in the case provided for by section 334, whoever voluntarily causes hurt shall be punished with simple or rigorous imprisonment for a term extending up to one year, or with fine extending up to one thousand rupees, or with both. Yadi Sadharan maar-peet ke time koi vyakti kisi dusre vyakti par kisi hatiyar weapon se maar attack karta hai, aur aise mein jis par mar ki gyi hai us vyakti ko gambhir chote injury aati hai, to aise mein wah vyakti ya us vyakti ke ghar, wale, ristedar Police station mein ja kar is mamle ki shikayat likha sakte hai, police is mamle ke aadhar par direct F. The judicial pronouncement has been given statutory recognition by adding the explanation to the definition of complaint in the Code of Criminal Procedure, 1973. He added that after reaching the spot at about 10. The further revelation made by the said witness is that there were accused Abhi Roy Choudhury, his wife and other members of his family and then the women constable arrested and took them to the police station. Where the accused wife attacked her deceased husband by a brick causing his death but the medical evidence said that the injuries were simple in nature, it was held that the accused was guilty of voluntarily causing hurt as the circumstances were different and the requisite intention or knowledge for the offences of culpable homicide not amounting to murder and murder could not be imputed to the assailant. He also added that some outsiders were also there but he could not say who were they.
अपनी वेबसाइट पर हम डाटा संग्रह टूल्स, जैसे की कुकीज के माध्यम से आपकी जानकारी एकत्र करते हैं ताकि आपको बेहतर अनुभव प्रदान कर सकें, वेबसाइट के ट्रैफिक का विश्लेषण कर सकें, कॉन्टेंट व्यक्तिगत तरीके से पेश कर सकें और हमारे पार्टनर्स, जैसे की Google, और सोशल मीडिया साइट्स, जैसे की Facebook, के साथ लक्षित विज्ञापन पेश करने के लिए उपयोग कर सकें। साथ ही, अगर आप साइन-अप करते हैं, तो हम आपका ईमेल पता, फोन नंबर और अन्य विवरण पूरी तरह सुरक्षित तरीके से स्टोर करते हैं। आप कुकीज नीति पृष्ठ से अपनी कुकीज हटा सकते है और रजिस्टर्ड यूजर अपने प्रोफाइल पेज से अपना व्यक्तिगत डाटा हटा या एक्सपोर्ट कर सकते हैं। हमारी , और के बारे में पढ़ें और अपनी सहमति देने के लिए Agree पर क्लिक करें।. Voluntarily causing hurt by dangerous weapons or means. How does thi charges affect to the person who is not living in india and having other countries citizenship? If he intended, or knew himself to be likely to cause only simple hurt, he cannot be convicted for the offence under section 325 even if the resultant hurt was grievous. The demolishing argument from your side to above rests is in interpreting correctly S. Cognizable Bailable Magistrate of the first class. He added that decree holder Shah Nawaz Hussian also accompanied him. During cross examination the witness added that accused persons demanded one week time to vacate the premises.
The accused persons trespassed on to it and there was a fight between the trespassers and the encroachers in which some members of both sides received injuries and one person on the side of the encroachers was killed by the accused appellant. The deceased was not given medical treatment for two days. Section 325 cognizable offence hai par compoundable bhi hai, isme dono parties ek dusre se samjhota bhi kar sakti hai. Aksar hum log yah dekhte ya sunte hai ki kisi mohalle area mein aaj marpet fight hui hai, to aise mein jin logo ne marpet ki hai, to un logo ko kya sja milegi? The foundation of the jurisdiction of the Magistrate for taking cognizance of an offence does not depend upon the validity or otherwise of an investigation carried out by the police. There is no denial of the fact that said sunil Kalita being the Civil Nazirwent to the place of occurrence for execution of a writ issued by a competent court of law.