• About us
  • Contact us
  • Our team
  • Terms of Service
Saturday, March 7, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home TOP NEWS

Stone not a dangerous weapon to invoke stern punishment for stone-pelter: HC

Images News Netwok by Images News Netwok
May 13, 2024
in TOP NEWS
A A
0
PM Modi inaugurating incomplete projects for votes: JKPCC

Photo/ Kashmir Images

FacebookTwitterWhatsapp

Sets aside petitioner’s conviction under Section 326 RPC; convicts him under Section 325 RPC, which carries lesser penalty

Srinagar: The High Court of J&K and Ladakh has ruled that stones used for pelting cannot by any stretch of reasoning be termed as a dangerous weapon to invoke stern punishment for the stone-pelter.

More News

CM reviews Compliance Reduction 2.0 to ease business regulations in J&K

Restrictions lifted, high-speed internet restored in Kashmir

16 candidates from J&K clear UPSC civil services exam

Load More

The significant ruling was delivered in the case of one Jaswant Singh of Deol, Billawar in Jammu. Singh was convicted under section 326 for pelting stones at his neighbour in a dispute of land trespass.

A stone by Singh had hit the eye of his contender which resulted in loss of sight to the latter. The Chief Judicial Magistrate of the area in 2009 convicted the accused under section 326 of RPC and awarded him five years imprisonment and fine of Rs 5000.

The accused filed an appeal wherein the bench of Justice Sanjeev Kumar altered his conviction from section 326 to section 325 of the RPC.

Justice Kumar held “the size of stones used for pelting cannot, by any stretch of reasoning, be termed as a ‘dangerous weapon’ or ‘an instrument’ used for shooting, stabbing or cutting etc., nor can it be termed as ‘any corrosive or ‘any explosive substance’ or a substance which is deleterious to the human body to inhale, to swallow, or to receive into the blood, etc.”

Singh through his lawyer, Vishal Sharma, argued that section 326 of RPC cannot be invoked in the case. He said “the stones used were not dangerous weapons and the offence should have been charged under section 325 which deals with causing grievous hurt without weapons”.

After examining the provision sections 325 and 326 RPC , Justice Kumar emphasised that the appellant’s act, though resulting in grievous hurt, did not involve the use of instruments classifiable as dangerous weapons.

He said that having regard to the fact that the fight which resulted in the grievous hurt to the complainant was not premeditated, the injury was caused by pelting of small stones. It is a foregone conclusion that what was used by the appellant for causing grievous hurt to the complainant was not a dangerous weapon so as to bring the act of the appellant within the meaning of section 326 of RPC.

The bench determined that the stones used did not qualify as ‘dangerous weapons’ under Section 326 RPC, citing the Supreme Court case of Mathai vs. State of Kerala, 2005(3) SCC 260, which discussed the distinction between Sections 325 and 326 RPC.

Explaining further, Justice Kumar observed that Singh was aware of the potential consequences of his actions and the fact that pelting stones could cause grievous hurt but the size of the stones used did not elevate the offence to one committed with a dangerous weapon under section 326.

Quoting a Supreme Court judgment, the court stated, “It is not that in every case a stone would constitute a dangerous weapon. It would depend upon the facts of the case.”

Consequently, the court set aside Singh’s conviction under Section 326 RPC and convicted him under Section 325 RPC, which carries a lesser penalty.

 

Previous Post

Hope there is resolution of remaining issues: EAM Jaishankar on eastern Ladakh border row

Next Post

Army chief visits command hospital in Udhampur

Images News Netwok

Images News Netwok

Related Posts

CM reviews Compliance Reduction 2.0 to ease business regulations in J&K

CM reviews Compliance Reduction 2.0 to ease business regulations in J&K
March 7, 2026

Jammu: Chief Minister Omar Abdullah today chaired a high-level meeting to review progress on Compliance Reduction and Deregulation 2.0, a...

Read moreDetails

Restrictions lifted, high-speed internet restored in Kashmir

Govt asks retailers not to insist on mobile number of customers for providing services
March 7, 2026

Srinagar: Authorities have decided to lift precautionary restrictions across Kashmir from Saturday onwards, while high-speed internet and prepaid mobile calling...

Read moreDetails

16 candidates from J&K clear UPSC civil services exam

UPSC Civil Services 2023 results declared; Aditya Srivastava gets top rank, Animesh Pradhan second
March 7, 2026

Srinagar: As many as 16 candidates from Jammu and Kashmir – the joint highest ever – have cleared the civil...

Read moreDetails

Veterinary surgeon from Pulwama cracks UPSC exam

Veterinary surgeon from Pulwama cracks UPSC exam
March 7, 2026

Srinagar: Tawseef Ahmad Ganaie from Puchal area of in south Kashmir's Pulwama district has brought laurels to his family and...

Read moreDetails

LG, CM congratulates J&K candidates for clearing UPSC CSE

J&K leaders grieve plane crash deaths
March 7, 2026

Jammu: Lt Governor Manoj Sinha and Chief Minister Omar Abdullah have congratulated the candidates from Jammu and Kashmir who have...

Read moreDetails

Compassionate appointments designed for prompt relief; delayed claims cannot be entertained: HC

PM Modi inaugurating incomplete projects for votes: JKPCC
March 7, 2026

Srinagar: In a significant ruling clarifying the law governing compassionate appointments, the High Court of Jammu & Kashmir and Ladakh...

Read moreDetails
Next Post
Disengagement process in Gogra-Hotsprings area going as per schedule: Indian Army chief

Army chief visits command hospital in Udhampur

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.