The application of Section 335 IPC is more appropriate when grievous hurt arises from grave and sudden provocation rather than Section 326 IPC, leading to a modification of conviction and reduction of sentence.

ORDER :

1. Challenge in this Criminal Revision Case is to the judgment in Criminal Appeal No.27 of 2008, dated 17.04.2010, on the file of the Court of IV Additional District and Sessions Judge, Kurnool (for short "the learned Additional Sessions Judge") whereunder the learned Additional Sessions Judge, while dealing with the Criminal Appeal filed by the appellant, against the conviction and sentence under Section 326 of the INDIAN PENAL CODE , 1860 (for short "the IPC"), dismissed the Criminal Appeal confirming the conviction and sentence imposed against him in Calender Case No.81 of 2005, dated 22.02.2008, on the file of the Court of Judicial Magistrate of First Class at Atmakur, Kurnool District (for short "the trial Court") for the offence under Section 326 of IPC.

2. The parties to this Criminal Revision Case will hereinafter be referred to as arrayed before the trial Court, for the sake of convenience.

3. The case of the prosecution, in brief, according to the contents of the charge sheet in Calender Case No.81 of 2005 is that accused is resident of Jamminagar, Velegode Town. De-facto complainant namely Vadde Seshaiah (LW.1) is the injured. The complainant raised paddy crop in half acre of land belonging to Telugu Ganga of Velegode Town and sprayed pesticides. Adjacent to his fields, the fields of the accused are situated in an extent of Ac.5.00 cents, which is also belonging to Telugu Ganga. The accused in the absence of LW.1 cut off the boundary of the land of LW.1 as such the pesticide sprayed in the land of LW.1 had flown along with the water into the channel. On 25.12.2004 morning LW.1 went to his filed, found the boundary cut off and the water has flown into the channel. He returned to the village and found the accused near tea bunk near pial and asked the accused about cutting of his boundary in the paddy field. Accused bore grudge against LW.1 and beat him with natu stick on his left hand elbow and on left shoulder and caused contusions and swelling. It was about 06:00 a.m. Then LWs.2 to LW.4 namely Kothapalli Chinna Subbanna, Telugu Pedda Subbanna and Golla Srinivasulu intervened and separated them. On the basis of the report and after receipt of wound certificate on 27.03.2005, LW.6 - SI of Police, Velegodu PS registered a case in Crime No.34 of 2005 of Velugodu P.S for the offence under Section 326 IPC and investigated into. During investigation, accused got anticipatory bail ON 19.05.2005. LW.5 - Medical Officer, Government Hospital, Nandyal who treated the injured opined that Injury No.1 is grievous and injury No.2 is simple in nature. Hence, the charge sheet.

4. The learned Judicial Magistrate of First Class, Atmakur took cognizance of the case against the accused for the offence under Section 326 IPC. After appearance of the accused and, after complying necessary formalities under Section 207 Code of Criminal Procedure, 1972 (for short "the Cr.P.C.") the learned Judicial Magistrate of First Class, Atmakur framed a charge under Section 326 IPC and explained the same to him in Telugu for which he pleaded not guilty and claimed to be tried.

5. On behalf of the prosecution before the learned Judicial Magistrate of First Class, Atmakur PWs.1 to PW.6 were examined and Exs.P-1 to P-6 were marked. After closure of the evidence of the prosecution, accused was examined under Section 313 Cr.P.C with reference to the incriminating circumstances appearing in the evidence let in for which he denied the incriminating circumstances but did not let in any defence evidence.

6. The learned jurisdictional