CASE ANALYSIS

NAME- BABITA
CENTRE- LAW CENTRE-1
TERM- 5th
CLASS ROLL NO- 216599
EXAM ROLL NO- 19310806209
SECTION- H

STATE V MUKESH

INTRODUCTION
In the case state v mukesh, Mukesh on the 1st January outside 345 Green Park,
New Delhi, voluntarily caused Monika grievous hurt by damaging her right eye
and thereby caused her to be in severe bodily pain for a period of twenty days.

RELEVANT SECTION
96,97,319,320,322,325 of Indian penal code

FACT
The present case is about the accused Mr. Mukesh, age 38, resident of 678 Hauz
Khas, New Delhi, who on the morning of 1st January 2017 at 10 a.m. assaulted
his ex-wife Miss. Monika, age 35, outside 345 Green Park, New Delhi i.e. the
home of the victim.
On Christmas Day the children were with monika . This had annoyed
Mukesh. He had wanted to see them, but monika promised him that he could
take them on New Year’s Eve. On New Year’s Eve, she phoned him at 8 a.m. to
say the children were tired from a party the previous night and, so, instead of
having them from 10 a.m. on 31st December to 10 am on 1st January he could
have them only from 2 pm to 5 pm on 31st December.
 He was really angry and hung up. He did not come to the door to collect the
children, which he normally does, but beeped his horn, and they went to him.

He deliberately did not return the children until 10 a.m .On 1st January
monika was terribly worried. Mukesh would not answer his phone. When they
arrived, I ran out the door. Sanjay was hugging Roshni goodbye and was
tearful. Sonia was hugging Mukesh, carried in arms. I reached to take Sonia,
extending my arms. Without warning and in front of the children, with his left
hand, he punched me straight in the right eye. The car keys, which he had in his
hand, went into my eye. I was knocked to the ground. I saw him put Sonia down.
Dazed, I got up and tried to smack Mukesh across the face, but missed, and
ended up pulling his hair. Roshni pulled me off him, and generally roughed me
up. I became hysterical, the children were crying, and Mukesh and Roshni
guiltily got in the car and fled. monika called the police immediately.

ISSUES

1) Whether the hurt cause grievous nature ?

2) Whether it was cause voluntarily ?
3) Whether the action of Accused an act of private defense ?

ANALYSIS

The present case is about the accused Mr. Mukesh, age 38, resident of 678 Hauz
Khas, New Delhi, who on the morning of 1st January 2017 at 10 a.m. assaulted
his ex-wife Ms. Monika, age 35, outside 345 Green Park, New Delhi i.e. the
home of the victim.
It is not in dispute that the Accused deliberately hit the Complainant, voluntarily
caused her grievous hurt by damaging her right eye. The condition of the
Complainant was so severe that she had to be hospitalised and underwent
bodily and mental trauma for the period of twenty days because of the beating
she received at the hands of the Accused.
 In the light of all the evidences, examination and cross examination of
witnesses, it was clearly evident that the act of the Accused was a deliberate act
which spurred out due to the anger which he had against his ex-wife. Moreover
the relationship of the Accused with the Complainant was in no way cordial, in
fact the ten year marriage suffered because of the constant violence the Accused
meted out on the Complainant.
Ms Monika is a single mother of two children, a boy named Sanjay (age
8) and a girl named Sonia (age 5), who is somehow trying to

lead her life peacefully with her children whereas Mr Mukesh is an irresponsible
man who couldn’t provide for his family and had left his wife for another
women Ms Roshni, a wealthy divorcee who runs a health club. And Mr Mukesh
also had an anger issues because of which he had previously been convicted.
It was a thoughtful act through which Mr Mukesh wanted to injure the victim so
that he may teach her a lesson and hurt her badly in the best
possible way. This could be seen from his act of fleeing away without even
bothered to call an ambulance or giving first aid. Further the assertion of the
Accused that the Complainant was hysterical is wrong and ill founded. Ms
Monika was in fact acting as a concerned mother who had literally no idea about
the whereabouts of her children for more than 12 hours who have gone out with
such an irresponsible person who didn’t even responded to her calls to enquire
about the children. The Accused had tried to hurt the Complainant in the past
also. It is a case where a women could not get rid of violence even after giving
divorce to the Accused which itself proved vulnerability of the victim.
In the light of these circumstances, in my humble opinion and would also
request the court to punish the Accused under section 325 1 together with
section 320 of the Indian Penal Code, 1860.

CONCLUSION
The matter in my hand is voluntarily causing grievous hurt punishable under section-
325 IPC 1860
To establish the offence of accused voluntarily causing grievous hurt to the victim we
have to look at three question
1) Whether the hurt cause grievous nature ?

2) Whether it was cause voluntarily ?

3) Whether the action of Accused an act of private defense ?

 (1) Grievous hurt under 320 heard as grievous nature it has been divided into 8
category are case fall into Eightly

Eightly - Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary
pursuits.it is called grievous nature

Mr muskesh on the 1st January voluntarily caused monika grievous hurt by

damaging her right eye and thereby caused her to be in severe bodily pain for a
period of twenty days

(2) The next question was it voluntarily section 322 Ipc dealing with voluntarily
Following element are satisfy to prove voluntarily:-
i. The hurt must be cause voluntarily
ii. Hurt must be grievous hurt

Mr mukesh had Intention and knowledge the hurt which he going to cause is grievous
hurt .intention of accused clearly prove her cross itself that mr muskesh was angry
because of christmas and anger toward the monika become more aggravated when
she change new plain

The accuse cause grievous hurt and cause it voluntarily with the intention to
takeing revenge from miss monika. He pocked car key into victim eye and damage
her right eye very badly

(3) The question remain whether the act of accused is private defence for this I
would like to quote Dominic Varkey vs The State Of Kerala AIR 1971,SC
Honorable supreme court held that When an accused himself is the aggressor he
can’t claim any right of self- defence. Honorable supreme court also laid down
three broad ideas when right of private Defence rest :-
1) There must be reasonable apprehension of body
 2) There must be no hSarm inflicted than is necessary for the purpose of defence.
3) The right to Self- Defence does not commence until there is reasonable
apprehension

Non of the requirement is fulfill in present case. Victim was worried for there
children when she show her children she got overwhelmed to take them in her arm
which normally mother do there was no apprehension ,there was no reason to right
of private defence and hence right of private defence not apply

Mr mukesh was intentionally and voluntarily cause grievous hurt to miss monika he
punch her right eye with the greater force which she knocked to the ground and car
key in his hand which went into victim eye and damage her eye very badly. Statement
of miss monika ,miss roshni , mr satinder or miss monika was clearly prove that at
the time of incident he was already angry because of christmas day and anger toward
the monika become more aggravated when she change new plain. The accuse cause
grievous hurt with the intension to taking revenge from victim . The accused did not
offer any medical help or neither take her to the hospital and the accused run away
from the incident seen after the damaging victim eye which point guilt towards the
accused

Mukesh shall be convicted for voluntarily causing grievous hurt under section
325 IPC

Section 325: Punishment for voluntarily causing grievous hurt – Whoever….voluntarily

causes hurt, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine
Section 320: Grievous hurt – The following kinds of hurt only are designated as “grievous”:
…… Eightly – Any hurt which endangers life or which causes the sufferer to be during
the space of twenty days in severe bodily pain, or unable to follow his ordinary
pursuits.