Judgment

UNTWALIA, J.- Hansa, the sole appellant in this appeal by special leave, special leave having been granted only on the question of sentence, was convicted by the trial Judge under Section 325 of the Penal Code for having voluntarily caused grievous hurt with a stick to Mst. Rao. He was also convicted under Section 323 of the Penal Code for having voluntarily caused hurt to P. W. 3 Melu Ram. On appeal the High Court set aside his conviction under Section 323, but maintained that under Section 325. The sentence under Section 325 was one years rigorous imprisonment.

2. The occurrence took place as a result of sudden quarrel between some children and others of the family of Hansa and Mst. Rao in regard to throwing of some bricks or brickbats. In the course of this sudden occurrence Hansa is stated to have caused the injury on the head of Mst. Rao. Learned counsel for the appellant has pressed for our consideration the application of provisions of Section 4 of the Probation of Offenders Act, 1958 to his case.We are inclined to accept this stand taken on behalf of the appellant as justifiable and tenable in law on the special facts of this case. The appellant was found guilty of h