The main legal point established is the interpretation of grievous hurt under Section 320 IPC and the requirement to prove severe bodily pain or inability to follow ordinary pursuits for a period of 20 days or more.

Heard Mr. SC Biswas, learned counsel for the revision petitioner and Ms. S Jahan, learned Addl. PP, Assam.

2. This revision is directed against the judgment and order dated 14-06-2002 passed by learned Sessions Judge, Karimganj in Criminal Appeal No.11(2)/1999 dismissing the appeal and upholding the conviction and sentence of the revision petitioners in GR Case No.163/1992, whereby the revision petitioners were convicted under Section 323/326 IPC and sentenced to imprisonment for 3 (three) years and to pay a fine of Rs.5,000/- with default stipulation under Section 326 IPC and also imprisonment for 3 (three) months under Section 323 IPC.

3. The prosecution case as unfolded during trial in a nut-shell is that on 28-02-1992, when Mustafa Ahmed (Pw-5) was coming out of the mosque, accused Sultan Ahmed Nitu Mia @ Ijjadur Rahman and Siraj Uddin assaulted him with dao and dagger causing multiple injuries to Pw-5. The FIR was lodged by Jalal Ahmed, Pw-3. On the basis of the said FIR, police registered a case and on completion of investigation, submitted charge-sheet against the revision petitioner Sultan Ahmed and Nitu Mia. In course of trial, the prosecution examined 7 (seven) witnesses including the doctor and I/O and on appreciation of evidence, learned SDJM, Karimganj convicted the revision petitioners under Section 323/326 IPC read with Section 34 IPC and awarded sentence as indicated above.

4. Aggrieved by the said judgment of the learned Trial Court, the revision petitioners preferred an appeal before the learned Sessions Judge and the learned Sessions Judge by impugned judgment and order, upheld the conviction and sentence of the revision petitioner and dismissed the appeal. The judgment and order of the learned Sessions Judge has been challenged in this revision petition.

5. Mr. Biswas, learned counsel for the revision petitioner has not denied the occurrence or the injuries sustained by the Pw-5. The contention of Mr. Biswas is that the medical evidence brought on record does not constitute an offence under Section 326 IPC and according to the learned counsel, at best, an offence under Section 324 could be made out. Mr. Biswas also submitted that the occurrence took place in the year 1992 as a result of dispute relating to property between the parties who were close relations and urged for dealing with the accused persons leniently.

6. Dr. Lipi Das has been examined as Pw-7 who stated in his evidence that the victim Pw-5 sustained the following injuries :-

(i). Cut injury over right front-partial region.

(ii). Oblique stitched would over left forearm.

(iii). Stitched would over left inguinal region.

7. In the opinion of the doctor, the injury Nos.1 and 2 were simple in nature and injury No.3 was grievous in nature. On the basis of the evidence of the doctor that the injury No.3 was grievous in nature and caused by sharp cutting weapon and the oral testimony of Pw-5, that he was in hospital for one and half months, learned Trial Court as well as the appellate court convicted the accused persons under Section 326 IPC.

8. Section 320 IPC defines grievous hurt as under:

320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—

(First) — Emasculation.

(Secondly) —Permanent privation of the sight of either eye.

(Thirdly) — Permanent privation of the hearing of either ear,

(Fourthly) —Privation of any member or joint.

(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.

(Sixthly) — Permanent disfiguration of the head or face.

(Seventhly) —Fracture or dislocation of a bone or tooth.

(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

9. It is submitted at the bar by the learned Addl. PP that the injury in the instant would come within the definition of grievous hurt, as per clause 8 of Section 320. In order to bring any injury or hurt within the definition