AIR 1970 SUPREME COURT 1969 ::1970 MadLW (Cri) 115 ::1970 AllCriR 393 ::1970 MadLJ(Cri) 521 ::1970 2 SCJ 223 ::1970 SC Cri R 315

Supreme Court Of India

(From: Allahabad)*

Hon'ble Judge(s): S. M. Sikri, G. K. Mitter, P. Jaganmohan Reddy , JJJ

(A) Penal Code (45 of 1860) , S.320 Seventhly— Fracture of bone - What amounts to. AIR 1937 Rang. 253 and AIR 1942 Pat 376, Overruled. It is not necessary that a bone should be cut through and through or that crack must extend from the outer to the inner surface or that there should be displacement of any fragment of the bone. If there is a break by cutting or splintering of the bone or there is a rupture or fissure in it, it would amount to a fracture within the meaning of Clause 7 of Section 320. What Court has to see is whether the cuts in the bones noticed in the injury report are only superficial or do they effect a break in them. AIR 1937 Rang 253 and AIR 1942 Pat 376, Overruled.(Para 7) (B) Penal Code (45 of 1860) , S.326— Voluntary causing grievous hurt by dangerous weapon - Inflicting injuries by kantas - Nature of injury and evidence of eye-witnesses - Appreciation. It is quite possible to find contusions where two persons are giving blows with kantas which have also blunt sides. Unless definite suggestions are made and the impossibility of finding any such injuries with kanta blows is elicited, Court will not be justified merely on a submission from the bar to accept it and discard the evidence of the eye witnesses.(....