Helix and cartilaginous, tissues of ear cannot be termed as organ or limbs so as to attract iflaf-i-udw.

 2023 YLR NOTE 1

Obviously, tissue is not an organ nor it can be termed as limb. Therefore, considering helix & cartilaginous as limbs would amount to inflate the criminal liability of the petitioner. Even the doctor has not pointed out which of the limb was affected by above injury, therefore, this observation of doctor at this stage of the proceedings is not appreciated which would finally be thrashed by the learned trial Court after summoning and examining the doctor. Therefore, applicability of Section 334 PPC is under dense clouds in the circumstances. If missing of any tissue affects the functioning, power and capacity of any organ permanently then at the most offence under Section 336 PPC “Itlaf-i-Salahiyat-i-Udw” could be attracted but at present even such observation of doctor is also not available on the record. The remaining offence under Section 337-F(iii) PPC is punishable upto three years which does not fall within the prohibitory clause of Section 497 of Cr.P.C. On the face of it, the petitioner has made out a case for bail after arrest on the touchstone of further inquiry as contemplated under Section 497 (2) of Cr.P.C.