The injuries suffered by the complainant which have been reproduced in the judgment of the High Court show that there were three lacerated wounds and one contusion. One of the injuries that is injury No. 1 on X-ray examination was found to be grievous as there was a fracture. It appears that the prosecution allegation was that a spade (phawra) was used as an instrument for an offence and taking a spade as a sharp-edged weapon the conviction of the appellant was maintained under Section 326 IPC. {Para 2}
3. It could not be doubted that the injuries in the nature of lacerated wound or contusion could not be caused by an impact of a sharp-edged weapon on the human body. Such injuries are only possible by the use of a hard and blunt object. May be that the spade was the instrument of an offence but it might have been used in a manner in which the hard and blunt part of it came in contact with the body of the injured person. In view of the nature of injuries sustained on the complainant the conviction of the appellant under Section 326 IPC could not be sustained. At best he could be convicted for an offence under Section 325 IPC.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 224 of 1978
Decided On: 23.01.1987
Ganga Prasad Vs. State of U.P.
Hon'ble Judges/Coram:
G.L. Oza and M.M. Dutt, JJ.
Citation: 1987 Supreme Court Cases (Cri) 345,MANU/SC/1059/1987,1987 SCC 2 232.
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