Stones Used For Pelting Can't Be Termed As “Dangerous Weapons” To Attract Culpability U/S 326 RPC: J&K High Court

Altering the conviction of an accused from Section 326 to Section 325 of the Ranbir Penal Code (RPC) Justice Sanjeev Kumar observed,

“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 it is deleterious to the human body to inhale, to swallow, or to receive into the blood etc”.

The observations were made by Justice Kumar in an appeal filed by appellant Jaswant Singh, who was convicted by the trial court for causing grievous hurt to another man by pelting stones during a land dispute.

Singh had challenged his conviction under Section 326 of the RPC, arguing that 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 meticulously examining the provisions of Sections 325 and 326 RPC, the Court emphasized that the appellant's act, though resulting in grievous hurt, did not involve the use of instruments classifiable as 'dangerous weapons.'

“Having regard to the fact that the fight which resulted into grievous hurt to the complainant was not premeditated and that 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 RPC”, the bench recorded.

Elaborating 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.

In light of these findings, the High Court altered Singh's conviction from Section 326 to 325 of the RPC and considering the facts of the case, including the significant time already spent undergoing trial, released Singh on probation on the condition of good conduct and a fine of Rs. 50,000 to be paid as compensation to the complainant.

Case Title: Jaswant Singh Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 107

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