IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.23 of 2008 THE STATE OF BIHAR Versus NATHUNI BAITHA ----------- 3 6-8-2008 Naresh Heard learned counsel for the appellant and perused the lower court records. On carefully going through the judgment under appeal it is found that the cut injury in the abdomen which was opined by the doctor, court witness no.1 to be grievous in nature was not accepted by the court to be a grievous hurt because it did not fall under any of the categories mentioned in Section 320 of the Indian penal Code which defines grievous hurt. For that reason and also for the reasons that there was no allegation of repeated blow by the accused, the trial court convicted the respondent-accused under section 324 of the Indian Penal Code and not for the charge under section 307 of the I.P.C. Since the occurrence was of the year 1984 and the trial had taken 24 years hence the trial court extended the benefit of the provisions of Probation of Offenders Act, 1958. In the facts and circumstances of the case and for the reasons mentioned above this appeal seeking leave to appeal is dismissed. ( Shiva Kirti Singh,J) ( Madhavendra Saran, J) - 2 -