A conviction under Section 326 of the IPC for causing grievous hurt cannot be sustained without clear medical evidence establishing that the injuries satisfy the strict definitions prescribed under Section 320 of the IPC. In its absence, the offence may be reduced to Section 324 for simple injury.

ORAL JUDGMENT

This appeal is by the accused being aggrieved by the judgment of conviction and order of Sentence dated 21.10.2019 passed in Special Case No.90/2014 on the file of Prl. Sessions Judge, Mandya (hereinafter referred to as 'the Trial Court') by which accused-appellant has been sentence as under:

ORDER

''The accused No.1 is hereby sentenced to undergo R.I. for two years and fine of Rs.50,000/- and in default of payment of fine, to undergo the imprisonment for a period of four months for the offence punishable under Section 326 of IPC.

Out of the deposited fine amount of Rs.50,000/-, Rs.45,000/- is ordered to be paid to P.W.2 by way of compensation and Rs.5,000/- is ordered to be confiscated to the state.

M.Os.1 to 3 and 5 are ordered to be destroyed being worthless and M.Os.4 and 6 are ordered to be confiscated to state after the appeal period is over.

The bail bonds and surety bonds shall stands cancelled.

Furnish the copy of the Judgment to the accused No.1 forthwith. ''

2. Case of the prosecution is that on 17.01.2013 at about 11.00 a.m., Smt.Puttalakshmamma-CW2 was going towards flour mill of Shivalingaiah-CW7 to pay flour mill amount. At that time, with common intention of committing her murder with previous enmity in respect of a land dispute, accused No.1 at the instigation of accused No.3 assaulted her on her neck with a chopper. That she escaped and sustained injuries on her left arm and fell down. Accused No.2 assaulted her by stone on her ribs, due to which Smt.Puttalakshmamma-CW2 sustained simple and grievous injuries.

3. That upon the complaint so filed, a case in crime No.06/2013, was registered against the accused-appellant herein and two others for the offence punishable under Sections 504, 114, 307 and Section 34 IPC and charges were framed.

4. Since accused-appellant pleaded not guilty, matter was taken up for trial.

5. To prove the guilt on the part of the accused, prosecution examined 13 witnesses as PW1 to PW13 and got marked 18 documents as Ex.P1 to Ex.P18 and further 6 material objects were marked as MO1 to MO6.

6. Statement of the accused persons were recorded under Section 313 of Cr.P.C and which was denied.

7. The trial Court framed following points for its consideration:

'' Point No.1: Whether the prosecution proves beyond all reasonable doubt that,

(a) On 17.01.2013 at 11.00 a.m., at Ganganahalli Village in front of the Ragi Flour Mill of Shivalingegowda at Ganganahalli-Kemmanahalli road accused Nos.1 to 3 with the common intention abused CW 2 Puttalakshmamma, insults her and thereby accused Nos. 1 to 3 committed an offence punishable U/sec. 504 of IPC?

(b) On above said date, time and place, accused No.3 instigated the accused Nos.1 and 2 to commit murder of CW 2, accused No.1 assaulted C.W.2 by chopper to her left arm, accused No.2 assaulted by stone to her left ribs and C.W.2 sustained grievous injuries and thereby the accused Nos.1 to 3 committed the offence punishable U/sec.307 R/w/sec.114 of IPC?

Point No.2: What Order?''

8. On appreciation of evidence, answered point No.1(a) in the negative and point No.1(b) as not proved. However, proceeded to convict accused No.1 for the offence punishable on 326 of IPC. Being aggrieved the present appeal is filed.

9. Learned counsel for the accused No.1-appellant reiterating the grounds urged in the memorandum of appeal submits that the allegation against the accused No.1-appellant is with regard to a land dispute, which has not been supported. He submits that the injuries allegedly sustained by the victim are of simple in nature and the medical evidence