An injury described as dangerous to life is a grievous hurt under clause Eighthly of Section 320 of the Indian Penal Code, as it endangers life.

D.S.TEWATIA, J.

1. Sohel Singh and his son Atma Singh were tried for an attempt on the life of Hans Raj (PW 7). While Sohel Singh was acquitted, Atma Singh was found guilty of the offence under Section 307 of the Indian Penal Code and sentenced to 3 years rigorous imprisonment with a fine of Rs. 300.00 , in default of payment thereof to four months further rigorous imprisonment.

2. The prosecution case, briefly put, was that the injured witness was a tenant of the accused on the ground floor. On the night of occurrence at about 9.00 p. m. the accused called out the injured PW outside the house and peremptorily asked him to vacate the house then and there. A negative response from the injured PW led to an assault on him by Atma Singh with a knife which he plunged into his chest when Sohel Singh held him.

3. It has been contended on behalf of the appellant that evidence adduced by the prosecution does not disclose a motive from which an inference of the kind envisaged in clause firstly and 2ndly of Section 300 of the Indian Penal Code can be inferred nor the injury is of a type from which necessary inference of the kind envisaged in clause 3rdly be inferred. The learned counsel for the appellant argued that in view of the above offence under Section 307 of the Indian Penal Code is not established.

4. There is no doubt that the motive actuating the accused was not one from which one can conclude that they intended to commit the murder of the injured PW. The motive at best was to overawe and threaten the injured PW to begin with. It must be the manner of refusal that must have brought upon him the assault in question. However, since the accused had armed himself with a knife, he must have done so with an intention to make use of it, if need arose. In the circumstances, more so, when the accused must have known that nobody at that hour of the night could be prepared to vacate the house, it would be taken that they had come truly to pick up a quarrel with the injured P. W. in which use of knife had been intended. Accordingly, the accused is held to be harbouring an intent of at least causing grievous hurt.

5. Before examining this aspect further, let us have a look at the medical evidence and the injury detected on the person of the injured PW. Dr. Surinderpal Singh (PW 3), on examination, found solitary injury of the following description on the person of the injured PW:-

An incised stab wound 3- cms. x 11/4 cms. on the left lateral side of the chest in the mid axillary line 10 cms. to the left side of nipple at its level. 7 cms. below the roof of the axilla. Wound almost longitudinally placed.

He was of the opinion that the injury was caused by sharp-edged pointed weapon. Without probing the depth of injury, he, however, advised X-ray and operation.

6. Dr. P. S. Bedi (PW 2) performed operation on 29th October, 1975. He described the injury as dangerous to life and stated that the injured would have died had the operation not been performed upon him.

7. Learned counsel for the appellant contended that the injury found on the person of the injured PW was not grievous and, therefore, the offence falls within the purview of Section 324 of the Indian Penal Code and not under Section 326 of the Indian Penal Code. It has been canvassed on behalf of the appellant that before an injury can be considered grievous it must fit in under any of the eight clauses of Section 320 of the Indian Penal Code. It is admitted on both ends that the injury does not answer to the description given in clause first to seventh of Section 320 of the Indian Penal Code. Learned counsel for the respondents argued that the injury in question falls under first part of clause Eighthly. Clause Eighthly of Section 320 is in the following words:

"320. 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".

8 Mr. Harinder Singh, learned