Grievous hurt

Grievous hurt-Evidence-Facts of case showing that accused had not attacked complainant party with pre-conceived plan to commit murder but during sudden fight between parties each side inflicting sofa blows on each other and one of such blows inflicted by one of accused resulting in death of one of complainants Causing grievous hurt with blunt weapons, only common intention attributable to accused-Person who caused fatal blow being not discoverable, each of accused to be given benefit of doubt and an offence under S. 302 not made out against any one of them-Conviction under S. 362/34 altered to that under S. 325/34 in circumstances of case.-[Benefit of doubt].

Art. 185(3) read with Penal Code (XLV of 1860), S. 326-Grievous hurt-Written compromise submitted by parties at hearing of petition for leave to appeal-Petition converted into appeal and in accepting same accused acquitted.

Ss. 325 & 34-Grievous hurt-Courts below properly appreciating evidence led in case-Contention as to evidence having not been properly appreciated by Courts below, held, not tenable particularly when no law or principle contravened. [Evidence].

S. 325/34-Grievous hurt - Compromise-Complainant, victim of assault, confirming matter having been compromised with accused appellant-Accused having already undergone part of sentence, matter having been compromised, and in view of circumstances of case, compromise accepted and accused-petitioner acquitted.