MISCELLANEOUS

Datura given to stupefy a person to facilitate robbery or theft. Offence under section 328, P.P.C. committed. 1881 PR No. 28 Pira.
Police torture. During an inquiry into a theft case a constable had violently beaten the deceased who died 9 days afterwards from the effect of the beating. Held, guilty under section 330, Penal Code. 1866 PR No. 86 Meeah Muhammad. When grievous hurt was caused in order to get information or confession during investigation the accused was convicted under section 331, Penal Code. AIR 1917 Lah. 342 = 18 Cr. LJ 710 Miran Bakhsh.
Hurt to public servant, in discharge of official duty. A person cannot be said to be discharging official duty merely because he is in official garb. 1936 MWN 892 Appaswami Goundan.
Resisting illegal act. No official can seek the shelter of section 332 when the accused resists an illegal act of the official. AIR 1933 Lah. 162 = 34 Cr. LJ 460 = 33 PLR 1065 Nuru.
Beating a police constable who prohibited people from playing cards in a street were guilty under section 323 and not under section 332, PPC as the police constable was not discharging his official duty in prohibiting people from playing cards. AIR 1926 Lah. 250 = 27 Cr. LJ 377 = 27 PLR 74 Mul Chand.
Hurting on grave provocation but not sudden. The accused cut the nose of his wife. The High Court enhanced the sentence to 2 years' R.I. as the provocation though grave was not sudden. AIR 1915 Bom. 120 = 16 Cr. LJ 168 Bhabwan Chhagan.