The first accused in Case No.14 of the Fourth Criminal Sessions of 1953 was charged with two offences. The first was under section 332 of the Indian Penal Code in that he voluntarily caused hurt to a public servant, viz., police constable Masilamani, by injuring him with fingernails while the accused was in his custody. The second charge was under section 333 of the Indian Penal Code that in the course of the same transaction the accused caused grievous hurt to one Govindaswami, another police constable, while in the discharge of his duties as such public servant by twisting and breaking his left ring finger. So far as the second charge was concerned the jury unanimously found him not guilty. With regard to the first charge, i.e., of an offence under section 332, Indian Penal Code, for voluntarily causing hurt to Masilamani, the jury were divided in their opinion and as many as six members of the jury were unable to agree in their conclusions. Such being the case under section 305, clause (4) of the Criminal Procedure Code the learned Judge directed that the jury be discharged and the accused be tried afresh at the First Criminal Sessions of 1954. Against this ord