On this question, the High Court has differed with the companyclusion reached by the Judicial Magistrate, First Class, Muktsar who had companyvicted the appellant by his judgment and sentence dated April 17, 1974 under Section 324 and released him under Section 4 of the Probation of Offenders Act 1958.
Some three weeks after the occurrence i.e. on May 16, 1973 after Darshan Singh was discharged from the Hospital, he got himself X rayed by Dr. O.P. Goyal, Radiologist, Civil Hospital, Faridkot, CW 1.
On the same day at about 2.30 p.m., Darshan Singh was medically examined by Dr. S.K. Saluja, Medical Officer, Civil Hospital, Muktsar, PW 1.
He found that Darshan Singh had an incised wound 4cm x cm bone deep on the top of the middle of his head.
Fortunately, Darshan Singh was wearing a turban which cushioned off the force of the blow leaving only a bleeding injury.
On the police challan, the learned Magistrate framed a charge under Section 324 of the Indian Penal Code but later on the application by the companyplainant altered the charge to one under Section 326.
On April 22, 1973 at about.
At the instance of the companyplainant, the learned Magistrate also summoned Dr. Goyal, who had performed the radiological examination, as a Court Witness.
In his report, Dr. Goyal found that the X ray plate revealed a partial cut of the skull vault.
Darshan Singh remained an indoor patient in Civil Hospital, Muktsar from April 22 to April 29, 1973.
The prosecution case in brief was as follows.
10 a.m. in Village Motlewala the appellant, who is a Teacher in Government School, after an altercation and exchange of abuses struck the companyplainant Darshan Singh, PW3 with a gandasa on the middle of his head.
In his opinion, the injury was simple in nature.
