(1) SPECIAL leave granted.

(2) HEARD learned counsel for the appellant and the respondents. In the facts and circumstances of the case it cannot be held proved that the injury caused by the appellant to Public Witness 1, Ramji Lal was a grievous injury. Though Public Witness 19, Dr Pankaj Tiwari had suspected a fracture of the bone because of his clinical examination for confirmation suggesting a chipping of bone, he had advised skiagrams being taken but no skiagrams appear to have been taken, and even if taken they have not been marked as exhibits in evidence. In such circumstances we are of the view that the offence committed by the appellant would fall only under S. 324 IPC and not under S. 326 IPC. Consequently the conviction of the appellant has to be modified to one under S. 324 Indian Penal Code and accordingly he is convicted under S. 324 Indian Penal Code instead of under Section 326 IPC.

(3) IT is brought to our notice that the appellant and Public Witness 1 Ramji Lal, the injured person have entered into a compromise and that the appellant has compensated the injured for the injuries sustained by him by paying him a sum of Rs. 15,000.00. The injured