The Kerala High Court has set aside the conviction of a 73-year-old man under Section 326 IPC (grievous hurt by dangerous weapon) and instead convicted him under Section 323 IPC (simple hurt), finding that the prosecution failed to prove the nature of the weapon used and the severity of injuries claimed.
Justice Dr. Kauser Edappagath observed that although the trial court and appellate court had convicted the accused for grievous hurt by assaulting the complainant with a stone, there was no material on record establishing the stone as a dangerous weapon or proving grievous injury under Section 320 IPC.
The 1999 incident involved the accused allegedly assaulting the complainant with a stone on the face, causing bleeding. While the medical evidence showed minor contusions and bleeding, no fracture or grievous injury was established. The High Court held that to sustain a conviction under Section 326, the prosecution must prove either that the weapon used was likely to cause death or that the injury was grievous as defined under Section 320 IPC. Neither requirement was satisfied in this case.
Given accused’s advanced age, bedridden condition, and the fact that he had already undergone three days of imprisonment, the Court sentenced him to the period already served, with a direction to pay a fine of ₹2,000 within one month.
The revision was partly allowed, with the conviction under Section 326 IPC set aside and replaced with a conviction under Section 323 IPC.
Appearances:
Petitioner: Shri PV Anoop; Shri Phijo Pradeesh Philip; Smt Thushara K.
Respondent: Sri Sangeetha Raj
