ORDER

1. LEAVE GRANTED.

2. THE APPELLANT WAS CONVICTED BY THE IIND ADDITIONAL CJM, MANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 326 IPC. THE ALLEGATION WAS THAT ON 25-5-1993 AT ABOUT 11.45 P.M. HE ASSAULTED PW 1 DR. ISHWARAN BY USING SWORD. THE APPELLANT WAS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR A PERIOD OF TWO YEARS AND TO PAY A FINE OF RS 5000, IN DEFAULT, TO UNDERGO SI FOR THREE MONTHS. THE CONVICTION AND SENTENCE WAS CHALLENGED BY THE APPELLANT BEFORE THE SESSIONS JUDGE, DAKSHINA KANNADA, MANGALORE AND THE SESSIONS COURT CONFIRMED THE CONVICTION AND SENTENCE. AGGRIEVED BY THE SAME, THE APPELLANT FILED REVISION BEFORE THE HIGH COURT AND THE SAME WAS DISMISSED. THE CONVICTION AND SENTENCE OF THE APPELLANT UNDER SECTION 326 IPC IS CHALLENGED BEFORE US.

3. WE HEARD LEARNED COUNSEL FOR THE APPELLANT AND COUNSEL FOR THE RESPONDENTS.

4. THE COUNSEL FOR THE APPELLANT SUBMITTED THAT THE INJURIES SUSTAINED BY B PW 1 WERE NOT GRIEVOUS IN NATURE AND THE CONVICTION OF THE APPELLANT FOR THE OFFENCE UNDER SECTION 326 IPC IS NOT SUSTAINABLE IN LAW. OUR ATTENTION WAS DRAWN TO THE WOUND CERTIFICATE PREPARED BY PW 2. THERE WERE FOUR INJURIES ON THE BODY OF THE INJURED, PW 1. ADMITT