To establish the offense of voluntarily causing grievous hurt under Section 325 of the Indian Penal Code, the prosecution must prove that the accused intended or knew that their actions were likely to cause grievous hurt, and that the injuries caused were actually grievous.

Kanhaiya Singh, J.

1. This is an appeal from the decision of the Additional Sessions Judge, Patna, dated 22nd December, 1956, convicting the appellant under Sec.325, I. P. C. and sentencing him to undergo rigorous imprisonment for five years. The charge initially against the appellant was of murder under Sec.302, I. P. C. but the learned Additional Sessions Judge found that the charge of murder had not been established. In his opinion the offence the appellant committed was grievous hurt under Sec.325, and he sentenced him accordingly.

2. This lamentable incident which was the development of a domestic feud between the two full brothers over almost a trifle and which resulted in the death of one of them took place at 6 P. M. on 29th May, 1956, in village Soh within the Bihar Police Station. Nokhali, the deceased, was the elder brother of the appellant, Rambaran Mahton. Both of them were separate in mess and cultivation. This occurrence took place in the field comprised in Survey Plot 849 which, there is no dispute, had been allotted exclusively to their mother Mosstt. India (Court witness No. 1). At that time the deceased was looking after his brinjal field which was 250 yards distant from plot 849. The appellant along with his mother and two sisters was then irrigating that plot by means of Rahat fixed in a well at some distance from that plot. These ladies were living with the appellant.

One of the sisters was married, but at the time of the occurrence she was there with the appellant. The case of the prosecution is that the deceased came to plot 849 from his brinjal field and there took place some altercation between the two brothers. What actually preceded this altercation there is no evidence, According to the prosecution, there was exchange of abuses between the two brothers and the appellant dashed him to the ground and sat upon his stomach and belaboured him with fists and slaps.

This rendered him senseless. Both the appellant and his mother gave him water to drink but he did not regain his senses. Several persons arrived at the place of occurrence and a khatia was brought and Nokhali deceased was taken on the khatia to one Dr. Bhagvvan Sahay who was living a mile away from the place of occurrence. Before medical aid could be given to the deceased, he expired. Soon after a Police Constable arrived at the place of Dr. Bhagwan Sahay and at the instance of the constable Most. Garbhi and Ramdas, the widow and the son of the deceased, took the deceased on the Ekka to the Police Station where she lodged 1st information report at 9-30 P. M. The Sub-Inspector visited the place of occurrence soon after at about midnight and forwarded the dead body for post mortem examination. Dr. H.C. Ghosh held post mortem examination on the corpse of Nokhali at 11 A. M. on 30-5-56. The examination disclosed the following ante-mortem injuries on the person of the deceased : "(1) Diffused swelling 1 1/2" X 3/4" on the left side of the forehead. On dissection it showed extravasation of blood in the scalp tissues. No bone was injured.

(2) Diffused swelling 6" X 4" on the left side of the chest on the lateral aspect extending from 6 intercostal space downwards in axillary region. Dissection showed extravasation of blood in soft tissues on the left side of the chest more on the posterior surface. The 8th, 9th and 10th and 11th ribs on the left side were found fractured in anterior axillary line and the 10th rib was also fractured in between mid and posterior axillary line. On opening the abdomen it was found full of blood which started pouring out. The spleen was found ruptured. One deep laceration 3" X 1" X 1/4" thickness, of the spleen on the hylum of the spleen. From it four star-shaped ruptures extended laterally from above downwards 1 1/2" X 1/8", (2) 2" X 1/4", (3) 1 1/2" X 1/8", (4) 1 1/4" X 1/8". The thickness varied from the quarter to half of the thickness of the spleen. There was another tear 2" X 1/8" X capsul of the spleen deep