Inspector Of Police V. Pedrick

1944 Present : Jayetileke J.

INSPECTION OF POLICE, v. PEDRICK et al.

867-868-M. C. Gampaha, 18,577.

Grievous hurt-Injury to bone-No fracture-Penal Code, s. 311.

An injury caused to a bone by a cut, which does not indicate that the bone was broken or cracked is not grievous hurt within the meaning of section 311 f the Penal Code.

CASE from a conviction by the Magistrate of Gampaha.

S. Saravanamuttu, for accused, appellants.

E. H. T. Gunasekeera, C. C., for complainant, respondent.

Cur. adv. vult.

January 12, 1944. JAYETILEKE J.-

The first accused was convicted of voluntarily causing grievous hurt with a knife to one Jayakody and sentenced to six months' rigorous imprisonment. The medical evidence was to the effect that Jayakody had an oblique stab would ½ an inch long on the left hip cutting into the hipbone.

The learned Magistrate seems to have been of opinion that the injury caused by the first accused amounted to grievous hurt as the bone had been cut. The doctor has not told us to what extent the bone had been cut
.
Under section 311 of the Postal Code an injury to a bone would not be considered grievous unless there is

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