2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No. 1126 of 2009 (Datta Anna Gunjal & others V. The State & others) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M.Deshmukh, Advocate for the petitioners Mr. N.H.Borade, for the respondents / State PER COURT : 1. Heard. 2. The only error committed by the Investigation Officer, while making his application, annexure ‘D’ to the petition, dated 16th November, 2009 is, he wrongly described the location of the grievous injury sustained by the victim Sham. The Medical Certificate indicates that Sham suffered fracture of femur, a bone located in thigh. But, the P.S.I. wrongly took it as a head injury. Despite of this mistake committed by the P.S.I., the learned Magistrate rightly passed the order and added the offence under Section 326 of the IPC against the petitioners and others. The reason for this, apparently, is that the petitioners’ victim Sham had sustained grievous injury, and it is alleged that the petitioners used sticks to hit him below lumber region. 2 The blow of a stick, most probably had caused fracture of femur. In view of this, application of Section 326 of the Indian Penal Code in this case, apparently cannot be said to be illegal. 3. In above terms, Writ Petition stands dismissed. DT: 26th April, 2010 [A.V.NIRGUDE,J.] srm/