SUBBARAYAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision by the accused, who stands convicted under Sec.326, I.P.C., and sentenced to undergo two years imprisonment and fine of Rs.100.

(2.) THE facts are very simple. THE accused was found Staring at the daughter of P.W.1. Upon P.W.1 questioning the accused on his behaviour the accused got irritated and beat P.W.1 on his left shoulder with an iron pipe M.O.1. Upon the complaint of P.W.1, the investigating officer filed a report under Sec.173, Criminal Procedure Code, to the effect that an offence under Sec.326, Indian Penal Code appeared to have been committed by the accused. THEreafter, charge was framed, accordingly three eye witnesses were examined, including the injured, and in addition medical evidence was also adduced. Upon that evidence, the learned Magistrate came to the conclusion that an offence under Sec.326, I.P.C., was committed and the same was confirmed by the appellate court.

(3.) FOR a hurt to be considered as a grievous one it should come under any one of the categories referred to in Sec.320, I.P.C. The doctor may have an opinion that the hurt is a grievous one clinically. But from the opinion of the doctor the court has to come to its own conclusion whether the hurt is a grievous one within the meaning of Sec320, Indian Penal Code. There is no such finding in this case Of course it is alleged that because of the attack by the accused on P.W.1 with M.O.1, he (P.W.1) sustained a fracture on his clavicle. But there is no clear proof, to that effect not even in the evidence of the doctor.