Supreme Court · 1966 INSC 96 · Decided 31 March 1966
MRS. Veeda Menezes v. Yusuf Khan and ANR.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 96 · [1966] SUPP. 1 S.C.R. 123
- Case number
- CRIMINAL APPEAL No. 209/1964
- Decided
- 31 March 1966
- Bench
- K.N. WANCHOO, J.C. SHAH, S.M. SIKRI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 95, 323
Headnote
Indian Penal Code, s. 95-Harm caused whether must be acci­ dental to come within General Exception-Physical injury whether altogether outside pur11iew of section. In the course of an altercation between neighbours the first res­ pondent slapped the appellant's servant and threw a file of elbow, causing a scratch. On a prosecution being launched the Presidency Magistrate convicted the first respondent under s. 323 of the Indian Penal Code. The High Court however held that the offending act came within the General Exception in s. 95 of the Indian Penal Code as it was trivial. In
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