• Chargesheet for beating someone for the land dispute

I have been named in the FIR for beating someone for the land dispute and along with me there are my family memebers so fir has 4 members booked.
now i heard police is planning to file chargesheet.
my question is 
1. weither there single chargesheet filed for all 4 members or 4 chargesheets will be filed ?
2. what are the ipc sections applied for beating someone over land dispute . the person beaten has the got his leg disabled.
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

Single chargesheet... sections may be 323,324,325 any one or all depending upon your assualt.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Dear Concerned,

This seems to be a matter of IPC 325, 327 and charge sheet will be filed as common for all , however roles may be defined clearly in the Charge sheet.

In case you have any documentation proving this to be a false case you may approach high court for quashing of this FIR and may try to delay the trial upto 6 months

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Possibility:-

1. Single chargesheet.

2. Sections related to hurt/grievous hurt and any other sections if applicable, read with section 34 IPC.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Yes a single chargesheet will be filled attributing different roles to different person in that offence.

Beating comes under offence of hurt and grevious hurt depending upon the gravity of the offence.

2. If permanent desirability then grevious hurt under section 320 325 ipc charges shall be there.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Single charge sheet.

2. 323,326,327, 330 etc.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

One charge sheet would be filed for all the accused

2) section 352 of IPC

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred, or with both.

Explanation: - Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or

If the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or

If the provocation is given by anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Sir

from the reading of your question it is understood that, an incident was alleged to have happened where a person was assaulted by four person which resulted in causing hurt to a person in the dispute relating to landed property.

any use of weapon is not mentioned as such it is presumed that no weapon is used in causing hurt.

in this regard only one charge sheet will be filed by the police against all the accused and they may be independently and/or jointly charged under various IPC sections basing on the allegations in the FIR and the conclusions in the charge-sheet;

the probable IPC sections would be as follows:

section 323 for voluntarily causing hurt

section 327 if it is found that that act committed is for voluntarily causing hurt to extort property;

section 34 if the hurt is caused in furtherance of the common intention of all;

section 109 if any one of the four abets another for committing the offence;

section 120-B if there is criminal conspiracy among the four persons;

place of offence is not mentioned...if the above offence is committed by forcibly entering into the land,

section 447 will also be applicable;

Sricharan Telaprolu
Advocate, Hyderabad
156 Answers
67 Consultations

4.9 on 5.0

1. Yes, if the case is one and then the charge sheet would also be single one containing names of all accused persons who are named in the FIR or added subsequently in due course of investigation.

2. You can refer the sections in the FIR. For mere hurt the section are 323 and 326. If there are other allegations then section would be different as per allegations.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

There will be single CS.

Leg Disabled or fractured ? Which weapon used ?

Sec 34,323, 325,326,341 IPC.

Also Criminal Trespass, if entered in property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. It will be single charge sheet.

2. The sections of IPC and other laws will be seen from the FIR itself, hence you may look into the copy of FIR in your hand to know about the sections.

It may be 323, 324, 294B, 506 (II), and any other sections,

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

From court, apply for certified.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can obtain copy of charge sheet from court

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Yes the certified copy and the accused is informed of charges at time of charges are presented in court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If chargesheet is filled by the police then the person against whom chargesheet is filed has a right to get a copy of the chargesheet along with other relevant documents. Yes, the charge sheet copy can be obtained from police when police has filed it.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

The accused will be given a free copy of the charge sheet at the time of initial questioning by the court after the police files charge sheet in this case.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

There will be one charge sheet for same cause of action. Police will go through the MLC report verified by the Hospital. As the FIR is already registered you can ask for copy of FIR. There can be any section like 323-326 in the present FIR.

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

Dear Sir,

My answers are as follows:

1. weither there single chargesheet filed for all 4 members or 4 chargesheets will be filed ?

And. Yes you will be hereinafter known as A1, A2, A3 and A4 ( A represent for Accused)

2. what are the ipc sections applied for beating someone over land dispute . the person beaten has the got his leg disabled.

Ans: Please see the following sections.

3.can the charge sheet copy be obtained from police or court when police has filed it?

Ans: I am answering in the capacity of retired judge. Yes, in the Court free copy will be given.

===============================================================================

Section 447 in The Indian Penal Code

447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either descrip­tion for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

===================================================================================

Section 326 in The Indian Penal Code

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 1[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.

======================================================================================

Section 324 in The Indian Penal Code

324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, volun­tarily causes hurt by means of any instrument for shooting, stab­bing or cutting, or any instrument which, used as 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 of either de­scription for a term which may extend to three years, or with fine, or with both.

==================================================================================

Section 323 in The Indian Penal Code

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

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Section 504 in The Indian Penal Code

504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

======================================================================================

Section 506 in The Indian Penal Code

506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

====================================================================================

Section 34 in The Indian Penal Code

37 [34. Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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