ORDER

The revision petitioner is convicted for the offence under Section

326 IPC by the trial court. The appellate court confirmed the conviction, but modified the sentence to undergo imprisonment for three months and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for three months.

2. The prosecution case is that on 11.6.2014, at about 2.30 p.m., the accused, because of previous enmity, beat PW1 with a stick on his right shoulder causing grievous hurt and fracture of right clavicle.

3. Heard Smt.Lira A.B., the learned counsel representing the learned counsel for the revision petitioner on record and Sri. Alex M.

Thombra, the learned Senior Public Prosecutor.

4. The learned counsel for the revision petitioner argued that the trial court and the appellate court failed to appreciate the evidence in a proper manner and that as per the prosecution case, the place of occurrence is the road; but the evidence of PW1 would show that the incident occurred inside his grocery shop.

5. A perusal of the evidence of PW1 shows that there occurred a verbal altercation between the witness and the accused, while he was opening his shop and when he came out