BALWANT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE only point urged in this petition is that the Petitioners cannot be convicted and sentenced under Section 326, Indian Penal Code, as recorded by the Courts below. According to the doctor the following injuries were caused to the complainants:

(2.) The doctor further stated that all abrasions were red in colour and incised wounds bled on touch. Injury No. 1, 3 and 10 were kept under observation while others were declared simple. They were caused within 12 hours. Injuries No. 1, 2, 3 and 4 were caused by sharp edged weapon. X -Ray examination showed a partial cut of left tibia bone underneath injury No. 1 was declared as grievous. No fracture was detected under inquiry No. 3 and 10 and these were declared as simple.

(3.) Thus it is clear that the doctor has not said in his statement or in his cross -examination that there is a fracture in bone. He only says that there is a partial cut of left tibia bone. Section 320 Indian Penal Code defined grievous hurt in the following terms: