JUDGMENT

SEN, J. :— This appeal by special leave directed against a judgment of the Punjab & Haryana High Court dated February 21, 1978 (reported in (1978) 80 Pun LR 326) raises a question whether the appellant was guilty of having committed an offence punishable under S. 326 of the Indian Penal Code, 1860 or under S. 324. That would depend on whether cutting of bone without more amounts to fracture within the meaning of clause seventhly of S. 320. On this question, the High Court has differed with the conclusion reached by the Judicial Magistrate, First Class, Muktsar who had convicted the appellant by his judgment and sentence dated April 17, 1974 under S. 324 and released him under S. 4 of the Probation of Offenders Act, 1958.

2. The prosecution case in brief was as follows. On April 22, 1973 at about 10 a.m. in village Motlewala the appellant, who is a teacher in Government School, after an altercation and exchange of abuses struck the complainant Darshan Singh, PW 3 with a gandasa on the middle of his head. Fortunately, Darshan Singh was wearing a turban which cushioned off the force of the blow leaving only a bleeding injury. On the same day at about 2.30 p.m., Darshan Singh w