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Criminal Miscellaneous No. 895‑B (BWP) of 1985, decided on 15th July, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.325 & 326‑‑Bail, grant of‑ Grievous hurt caused with blunt weapon like Sota etc., held, punishable under 5.326 and not under S.325, P.P.C.‑‑Offence having been carried by prohibitory clause of 5.497, Cr.P.C. bail declined, in circumstances.

Akhtar Shabbir for Petitioner.

This is an application for bail by Ghallo in case under sections 325/34, P.P.C. registered at P.S. Zahirpur, vide F.I.R. No. 99/85, dated 18‑5‑1985.

2. The allegations against the petitioner are that he by inflicting Dang/Soti blow caused grievous injury to Faiz Bakhsh complainant.

3. The learned counsel for the petitioner mainly contended that the offence under section 325, P.P.C. does not fall within the prohibitory clause of section 497, Cr.P.C. Conversely the learned counsel for the State has opposed this application.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the petitioner. It seems to me that causing of grievous injury with Dang falls within the ambit of section 326, P.P.C. and not section 325, P.P.C. The relevant provisions may be reproduced advantageously:‑

"Section 325.‑‑ Punishment for voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335 voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 326.‑‑ Voluntarily causing grievous hurt by dangerous weapons or means. Whoever except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting or any instrument which used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

From the plain reading of the provisions of law reproduced above it is very much clear that no weapon at all has been mentioned in section 325, P.P.C. and that whoever causes grievous hurt by any instrument which used as a weapon of offence is likely to cause‑the death would be guilty of offence punishable under section 326, P.P.C. Since Dang is an instrument which used as a weapon of offence is likely to cause death, therefore, grievous injury caused by it would not fall within the purview of section 325 but would definitely be punishable under section 326, P.P.C. No doubt the Courts have been convicting persons causing grievous injuries with Dang/Sota/Soti/any other blunt weapon under section 325, P.P.C. and the High Court has also been maintaining convictions under that section but to my mind that was not strictly in accordance with law. The true legal position appears to be that whoever causes grievous injury with blunt weapon like Dang, etc. which are likely to cause death, he would be punishable under section 326, P.P.C. and not section 325, P.P.C. Similarly offence of causing simple injury with Dang would also be punishable under section 324, P.P.C. and not under section 323, P.P.C. Let the copy of this judgment be sent to all the District Magistrates, Superintendents Police and District and Sessions Judges in the district of Punjab for guidance.

S.G.D. Bail refused.

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