Rubel and others -Vs- The State

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Case information

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Official index description (excerpt)

Source: Supreme Court official index.

to convict the accused petitioner under Section 326 of the Penal Code, the court must come to definite finding with reference to evidence on the record that the injury caused by the accused is a grievious hurt. An injury is grievous hurt if it falls within the meaning of grievous hurt as given in Section 320 of the Penal Code. there is no evidence to show that the victim suffered severe badly-pain for a period of 20 days, and, there is no iota of evidence on record to show that the victim ever sustained permanent disfiguration from sustaining the above injury or was unable to follow his ordinary pursuits to prove the charge against the convict petitioner under section 326 of the penal code. the omission to state the common object in the charge does not, however, vitiate a conviction if there is evidence on record to show that the common object was all that could be gathered from the evidence. commission of an offense of trespass under Section 447 of the Penal Code was the common object of the alleged unlawful assembly. At this stage, it is necessary to consider whether the accused

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