Swatanter Kumar, J. - May be not a very pertinent or significant but certainly a question which is likely to fall for determination before the court more than often is, whether absence of x-ray film in a case of alleged fracture grievous hurt can per se be a reason enough for converting an offence to section 324 from section 326 of the Indian Penal Code ? Further corollary thereto which we are called upon to examine in this Criminal Appeal is, on such conversion whether benefits under the Probation of Offenders Act, 1958 could be granted to the accused ?

2. Before we proceed to discuss the various legal facets of this moot question, reference to basic facts giving rise to the present appeal can appropriately be made.

3. An F.I.R. No. 43 dated 3.3.1985 was registered by the Police Station Morinda in District Ropar, under sections 326, 324 read with section 34 of other Indian Penal Code. The F.I.R. exhibit PB/1 was registered on the statement Sh. Maghar Singh son of Sh. Mehar Singh, aged 50 years, resident of Khant which reads as under :-

"I am a resident of village Khant and do cultivation. Today at about 8.00 A.M. Nirmal Singh s/o Jata Singh, Balwinder Singh s/o Jangi Singh