Brief Facts
- The accused was convicted under Section 307 IPC by the Sessions Court which was upheld by the High Court against which the SLP was filed.
Issues
- Whether use of small sized scissor to cause injury can attract Section 307 IPC?
Held
- The Apex Court acquitted the Appellant under section 307 IPC considering the nature of weapon and also that considering the reasons of fight it doesn’t seem to be pre-planned.
- The weapon used is a scissors which is not a normal weapon of offence in case there is any intention to cause death. The scissors which was seized by the police is small scissors which is used by tailors. With the aforesaid evidence on record and the kind of weapon used, in our view the offence will not fall within Section 307 I.P.C.
- The injuries were not caused with an intention to cause death and were not sufficient to cause death. Hence, in our view the conviction of the appellant with respect Section 307 IPC cannot be sustained however the offence under Section 326 IPC is made out.
Relevant Para No.
- 6, 7, 8