A conviction for grievous hurt under Section 326 of the Indian Penal Code requires clinical proof supported by radiological evidence like X-rays or CT scans; in the absence of such objective confirmation, the offence must be scaled down to Section 324.

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDERS OF CONVICTION AND SENTENCE DATED 05.04.2012 PASSED BY THE CIVIL JUDGE AND J.M.F.C., GUNDLUPETE IN C.C.No.305/2008 AND CONFIRMED BY THE JUDGMENT DATED 19.12.2017 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA (SITTING AT KOLLEGALA) IN CRL.A.No.22/2012 AND ACQUIT THE PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 323, 326 AND 504 R/W 149 OF INDIAN PENAL CODE.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri K.A.Chandrashekara, learned counsel for the revision petitioners and Sri K.Nageshwarappa, learned High Court Government Pleader.

2. Revision Petitioners are the accused persons who suffered an order of conviction in C.C No.305/2008 for the offences punishable under Sections 143, 147, 148, 341, 323, 326, 504 read with Section 149 of the Indian Penal Code and sentenced as under:

“In exercising powers conferred in the Section 248(e) of Code of Criminal Procedure, the accused No.1 to 6 are hereby convicted for the offences punishable under Sections 143, 147, 148, 341, 323, 326, 504 read with Section 149 of Indian Penal Code.

The accused No.1 to 6 shall go simple imprisonment for a term of 3 months for the offences punishable u/S 143 r/w Sec. 149 of IPC.

The accused No.1 to 6 shall go simple imprisonment for a term of one year for the offences punishable u/S 147 r/w Sec. 149 of IPC.

The accused No.1 to 6 shall go simple imprisonment for a term of two years for the offences punishable u/S 148 r/w Sec. 149 of IPC.

The accused No.1 to 6 shall pay fine amount of Rs.1,000/- each for the offences punishable u/S 341 r/w Sec. 149 of IPC. In default of paying of fine amount, they shall go simple imprisonment for a term of 15 days.

The accused No.1 to 6 shall go simple imprisonment for a term of six months for the offences punishable u/S 323 r/w Sec. 149 of IPC.

The accused No.1 to 6 shall go simple imprisonment for a term of three years and pay fine amount of Rs.5,000/- each for the offences punishable u/S 326 r/w Sec. 149 of IPC. In default of paying fine amount they shall go simple imprisonment for a period of six months.

The accused No.1 to 6 shall go simple imprisonment for a term of six months for the offences punishable u/S 504 r/w Sec. 149 of IPC.

Out of collecting the fine amount Rs.25,000/- shall be go to PW1 and 2 as a compensation amount for the injuries sustain by them in the incident. Remaining fine amount is to be confiscated to Government.

The surety bond and accused bonds are stands cancelled.”

3. Order of the learned Trial Magistrate was challenged before the First Appellate Court in Criminal Appeal No.22/2012 and the learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and on re-appreciation of the matter law on record, by considered judgment dated 19.12.2017, dismissed the appeal.

4. Thereafter, revision petitioners are before this Court.

5. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are asunder:

In respect of an incident said to have occurred on 25.12.2007, at about 03.30 p.m. in Honnegowdanahalli, in front of Community Hall, accused persons said to have formed an unlawful assembly holding deadly weapons like sticks, stones and wooden c