The court clarified the criteria for grievous hurt under Section 320 of IPC and its application to the petitioner's case.

JUDGMENT :

1. Heard Mr. A. K. Chaturvedy, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Bibhuti Shankar Sahay, learned counsel appearing on behalf of the opposite party-State.

3. The petitioner was convicted vide judgment and order of sentence dated 19.02.2011 passed by the learned Judicial Magistrate, 1st Class, Gumla in G.R. Case No. 500/2005 (T.R. No. 156/2011), whereby the petitioner was found guilty for offence punishable under Sections 323 and 325 of Indian Penal Code and also under Sections 3 and 4 of Prevention of Witch (Daain) Practices Act. He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1000/- for offence under Section 323 of IPC; sentenced for two and a half years and to pay fine of Rs. 5000/- for offence under Section 325 of IPC; sentenced to undergo simple imprisonment for 2 months and 4 months for offence under Sections 3 and 4 of Prevention of Witch (Daain) Practices Act with a fine of Rs. 500/- and Rs. 1000/- respectively. All the sentences were directed to run concurrently.

4. This criminal revision application has been filed against the judgment and order of sentence dated 30.03.2011 passed by the learned Sessions Judge, Gumla in Cri. Appeal No. 11/2011, whereby the appeal filed by the petitioner has been dismissed with some modification of sentence. As per the appellate order, the modified sentence under Section 323 of Indian Penal Code, is simple imprisonment for a period of one year with fine of Rs. 500/- and in default of payment to undergo simple imprisonment for two months; under Section 325 of Indian Penal Code to undergo simple imprisonment for two years and pay a fine of Rs. 1,000/- and in default of payment to undergo simple imprisonment for six months; under Section 3 of the Prevention of Witch (Daain) Practices Act, 1999 to undergo simple imprisonment for two months and to pay a fine of Rs. 500/- and under Section 4 of Prevention of Witch (Daain) Practices Act, 1999 to undergo simple imprisonment for a period of 4 months and to pay a fine of Rs. 500/- and in case of default in payment of fine to undergo simple imprisonment of one month each and all the sentences have been directed to run concurrently.

Arguments of the petitioner

5. The learned counsel for the petitioner has submitted that the impugned judgments passed by the learned courts below are perverse, so far as the conviction of the petitioner under Section 325 of Indian Penal Code is concerned. He submits that the maximum punishment in this case has been given under Section 325 of Indian Penal Code for two years and so far as the offence under Section 323 is concerned, the punishment has been given for one year. He also submits that the punishment under Section 3/4 of Prevention of Witch (Daain) Practices Act has already been undergone by the petitioner. He submits that as recorded in the trial court’s judgment, P.W.-6 is the medical witness who had examined the informant/victim and it has been recorded that all the injuries were simple in nature and caused by hard and blunt object. He submits that as the injuries are simple in nature, the petitioner could not have been convicted under Section 325 of Indian Penal Code as the condition precedent for conviction under Section 325 of IPC is that the injury should be grievous. During the course of argument, it was submitted that at best the conviction could be sustained under Section 324 of IPC and not under Section 325 of IPC. He submits that the maximum punishment under Section 325 of IPC is 7 years and the maximum punishment under Section 324 is 3 years and the petitioner has been convicted for two years under Section 325 of IPC and accordingly, if the conviction is converted to offence under Section 324 of IPC, then the sentence may also be modified.

6. The learned counsel submits that the petitioner has remained in custody for a period from 28.07.2005 to 25.10.2005 at the stage of trial and thereafter at least from 17.10.2014 to 27.02.