01. Section 319
defines Hurt. Section 320 explains the eight categories of grievous hurt.
02. Hurt does
not endanger to life. It is not serious. Grievous Hurt may cause endanger to
life.
03. Hurt
includes bodily pain, disease and infirmity. It may also include mental shock. On
the other hand, emasculation, permanent privation of sight of either eye, or
hearing of either ear, etc. are Grievous hurts. Grievous hurt is serious in its
nature.
04. Hurt is punishable, when it is accompanied with other offences, such as
voluntarily causing hurt, etc.
Grievous hurt itself is punishable
offence and increases of punishment
depending upon the nature of the Grievous Hurt.
Case References:
Injuries caused with burning fire wood do not endanger life, and therefore,
do not fall within the injuries specified in Sec. 320. (AIR 1979 SC 246)Where the knife injury though was on the vital part of the body, but the depth of the injury was not given. X-ray reports also did not show any bone cut. The injury was held simple hurt.
(8 DLR 165)
The accused stabbed with a sharp-edged weapon on abdomen of victim. The doctor said that the injury touched interior surface of the stomach, but did not touch any important organ or structure. He also stated that it could not endanger life. The injury was treated as a hurt.
( 42 DLR 207)
A disability for 20 days constitutes grievous hurt, if it is continued for a similar period,then the offence is hurt. [Bishnooram Sharma,(1864) 1 WR(Cr) 29]
The accused fired on the neck of the victim. It resulted in bleeding for three hours. It is a grievous hurt. The accused is punishable u/s 326. (AIR 1987 SC 435)
The accused trusted a lathi into anus of the victim. The Court treated it as a grievous hurt.
(AIR 1970 Cal 782)
very nice writing..............................
ReplyDelete