A.P. Lavande, J.— This criminal revision application is filed by the applicants challenging the judgment and order dated 31-1-2000 passed in Criminal Appeal No. 4/1997 by the Additional Sessions Judge, Gondia, dismissing the appeal filed by the present applicants against the judgment and order dated 3-3-1997 passed by the Judicial Magistrate First Class, Amgaon, in Regular Criminal Case No. 239/1993. The applicants were convicted by the Judicial Magistrate First Class, Amgaon, for an offence under section 324 read with 34 of Indian Penal Code and are sentenced to suffer R. I. for six months and to pay a fine of Rs. 300/- each in default to suffer R.I. for one month each. The applicants were charged for the offence under section 325 read with 34 of Indian Penal Code. Criminal Appeal No. 4/97 preferred by the applicants was dismissed by the Additional Sessions Judge, Gondia by his judgment and order dated 31-1-2000 maintaining conviction and sentence passed by Judicial Magistrate First Class, Amgaon.

2. I have heard Mr. Mardikar, learned counsel appearing for the applicants and Mrs. Wandile, learned Additional Public Prosecutor for the respondent.

3. Mr. Mardikar, learned counsel appearing for the applicants, at the outset, submitted that having regard to the evidence brought on record by the prosecution, no offence under section 324 read with 34 of Indian Penal Code can be said to have been proved against the applicants. Having regard to the limited scope of interference by this Court in exercise of revisional jurisdiction against judgment and order of conviction, Mr. Mardikar did not seriously press that the applicants are entitled for acquittal, however, it is the submission of Mr. Mardikar that having regard to the evidence brought on record, at the most, an offence under section 323 read with 34 of Indian Penal Code can be said to have been proved against the applicants. Mr. Mardikar submitted that even if the entire evidence of the prosecution is accepted, ingredients of section 324 of Indian Penal Code have not been proved so as to warrant conviction under section 324 read with 34 of Indian Penal Code.

4. Section 324 of Indian Penal Code reads as under:—

“Section 324 : Voluntarily causing grievous hurt by dan-gerous weapons or means :

Whoever, except in the case provided for by section 324, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

5. According to Mr. Mardikar, in order to attract section 324 of Indian Penal Code, it is necessary that hurt must have been caused by means of any instrument for shooting, stabbing or cutting or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance or by means of any poison or any corrosive substance, or by means any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal. According to Mr. Mardikar, it is the case of prosecution that injuries which were caused by the present applicants to one Mr. Sukharam Choudhari were caused by means of a stick. Mr. Mardikar points out that in the course of trial, the prosecution has not produced stick with which the applicants have assaulted said Sukharam Choudhari. According to Mr. Mardikar, in the absence of weapon which according to the prosecution was used in the commission of offence before the Trial Court, it is