SHAIK GHARIB BABA Vs. STATE OF A P

JUDGEMENT

(1.) This is a revision filed against conviction of the petitioner by the trial Court and confirmed by the appellate Court. The petitioner was charged for the offence under Section 338 of IPC. He was convicted and sentenced to undergo simple imprisonment for three months. In appeal, the conviction and sentence were confirmed.

(2.) The learned counsel for petitioner submits that the ingredients of Section 338 of IPC are that a person who receives injury by an act of negligence should receive an injury which is in the nature of being grievous hurt. Section 338 of IPC is reproduced hereunder-

(3.) Counsel for petitioner submits that there was no evidence before the trial Court that the injury suffered by the victim due to the alleged negligent act of the petitioner was grievous in nature, as such, the petitioner could have not been convicted for the offence under Section 338 of IPC. Grievous hurt is defined in Section 320 of IPC. There are eight kinds of hurt which are designated as 'grievous' by the IPC and they are- <FRM>JUDGEMENT_442_LAP_2006Html1.htm</FRM>