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  • Lathi Is Not A Dangerous Weapon. Therefore, The Size, Sharpness, Would Throw Light On The

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    gourav sethi
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    1. The document discusses several court cases related to the use of lathis and whether they constitute dangerous weapons. It notes that courts have admitted a single blow from a lathi to a vital body part can cause death. 2. One case found that while a lathi itself may not be a dangerous weapon, factors like its size, sharpness, and manner of use could determine if it was used as a deadly weapon in that instance. 3. The Supreme Court reiterated that even a single blow from a lathi to a vital body part, if it causes death, could fall under Section 302 of the Indian Penal Code for murder.

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    lathi is not deadly weapon

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    Karishma

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    1. The document discusses several court cases related to the use of lathis and whether they constitute dangerous weapons. It notes that courts have admitted a single blow from a lathi to a vital body part can cause death. 2. One case found that while a lathi itself may not be a dangerous weapon, factors like its size, sharpness, and manner of use could determine if it was used as a deadly weapon in that instance. 3. The Supreme Court reiterated that even a single blow from a lathi to a vital body part, if it causes death, could fall under Section 302 of the Indian Penal Code for murder.

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    106 views2 pages

    Lathi Is Not A Dangerous Weapon. Therefore, The Size, Sharpness, Would Throw Light On The

    Uploaded by

    gourav sethi
    1. The document discusses several court cases related to the use of lathis and whether they constitute dangerous weapons. It notes that courts have admitted a single blow from a lathi to a vital body part can cause death. 2. One case found that while a lathi itself may not be a dangerous weapon, factors like its size, sharpness, and manner of use could determine if it was used as a deadly weapon in that instance. 3. The Supreme Court reiterated that even a single blow from a lathi to a vital body part, if it causes death, could fall under Section 302 of the Indian Penal Code for murder.

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    © All Rights Reserved
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    of 2

    1. In the matter of smt.

    Nilabati Behera Alias Lalit Behera vs state of Orissa38 and ors police man
    brutally beating a man in police custody with their lathis. So, it admitted by court given blow
    on vital part of body is sufficient caused to death.
    2. Further in the matter of Anusuiya Daharwal v. Govind Ram39 M.P. High Court stated that a
    lathi is not a dangerous weapon. therefore, the size, sharpness, would throw light on the
    question weather weapon was a dangerous or deadly weapon or not.
    3. It cannot be accepted that use of wooden lathi and this weapon which likely to cause death and
    it depend on the manner of use of the wooden lathi
    4. The Supreme Court has reiterated that, even in a case of death by a single blow but on the
    vital part of the body the case may fall under section 302 of the IPC. This statement given by
    bench comprise by SC court with Justice MR. Shah and Justice AS Bopanna while listen
    matter of appeal filled by State of Madhya Pradesh against the conviction of 302 of IPC.

    38
    AIR 1993 SCR (2) 581

    39
    Ansuiya Dharwal v. Govind Ram Jan 11, 2017, MP. High Court

    40
    Supreme Court Reiterated both matter of Para 1&2 of both cases

    MEMORIAL BEHALF OF RESPONDENT

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