The Third Presidency Magistrate, Saidapet, Madras has convicted the petitioner under section 325, Indian Penal Code and sentenced him to undergo rigorous imprisonment for six weeks and to pay a fine of Rs.75 and in default to undergo further rigorous imprisonment for three weeks.

The evidence of P.W.1 makes it perfectly clear that the petitioner hit her on the head with a tamarind post. Naturally she put up her hand to protect her head and one of the blows fractured the metacarpal bones of one hand. P.W. 2 who was grazing a buffalo near by, heard a cry of ‘Ayyo’ and saw the petitioner beating P.W.1. Likewise P.W.3 who was working in a house a few yards away. P.W. 4 did not actually see the petitioner beat P.W.1, but he testified that she heard an alarm and saw the petitioner running away. These are material witnesses and it is clear that there was sufficient evidence before the learned Magistrate to justify the conviction.

Learned counsel for the petitioner, however, urged one point. Section 161(3), Criminal Procedure Code provides:

“The Police Officer may reduce into writing any statement made to him in the course of an examination under this section and if he does so he shall m