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16. Term "grievous hurt" has been defined under Section 320 IPC and reads as under:

"320. Grievous hurt.--The following kinds of hurt only are desig­nated as "grievous":--
First -- Emasculation.
Secondly --Permanent privation of the sight of either eye. Thirdly -- Permanent privation of the hearing of either ear, Fourthly --Privation of any member or joint.
Fifthly -- Destruction or permanent impairing of the powers of any member or joint. Sixthly -- Permanent disfiguration of the head or face. Seventhly --Fracture or dislocation of a bone or tooth. Eighthly --Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits."

17. Terms "voluntarily causing hurt" and "voluntarily causing grievous hurt" have been defined under Sections 321 and 322 IPC and read as under:

"321. Voluntarily causing hurt.--Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".

322. Voluntarily causing grievous hurt.--Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt."

Explanation.--A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind."

18. The entire complaint made allegations as under:

^^eqLrxhl dk0fg0fo0fo0 ds fof/k ladk; ds izFke o"kZ dk Nk= gS vkSj jk"V~h; Nk= laxBu ch0,p0;w0 dk v/;{k gS ftlds usr`Ro es vfHk;qDr ua0 1 ds fo:) izn'kZu oxSjg fd;k x;k Fkk vkSj muds fo:) dk;Zokgh dh ekax dh tk jgh Fkh ftlls vfHk;qDr ua0 1 eqLrxhl lscqjk ekurk Fkk vkSj mldk thou cokZn djus dh /kedh Hkh fn;k FkkA fn0 17-8-92 dks lqcg 8 cts ls eqLrxhl dh ijh{kk fo'ofo|ky; fLFkr eYVhijit gky esa gks jgh FkhA mijksDr le; o LFkku ?kVuk ij ijh{kk ns jgs ,d Nk= dks fo'ofo|ky; ds lqj{kk dehZ gkrs ds vUnj idM+dj ys tkus yxs ftldk eqLrxhl us fojks/k fd;k vkSj dgk fd vki yksx ijh{kk gky ls ckgj tk; vkSj bl Nk= ls ijh{kk ys jgs izksQslj yksxksa ls Hkh ckrphr djus fnft,A gekjs blh dgus ij ogkWa ekStwn fo'ofo|ky; ds eq[; lqj{kk vf/kdkjh Jh vksadkj ukFk flag us gekjs dqrsZ dks idM+dj [khapk ,oa ekjus yxsA vkSj ogkWa [kMs ,d vU; lqj{kk vf/kdkjh ftudks eSa flQZ ikBd th ds uke ls tkurk gwWa us Hkh eq>s ekjk ihVk vkSj vksadkj flag ds iqdkjus ij ogkWa [kM+s djhc 10 lqj{kk dehZ eqLrxhl dks idM+dj gky ls ckgj yk;s vkSj ykBh M.Mk ls ekjus yxsA Jh vksadkj ukFk flag us eqLrxhl dks M.Ms ls ekjkA vfHk;qDrx.k ds ekjus ls eqLrxhl dks pksaVsa vkbZA blh chp dqN vU; Nk= Hkh ogkWa igqWapdj vfHk;qDr ds bl dk;Z dk fojks/k djus yxsA ftl ij vfHk;qDr vkadkj ukFk flag o muds lkfFk;ksa us mUgsa Hkh "The complainant is a first year student of the law faculty of Kashi Hindu Vishwavidyalaya (BHU) and president of the National Students' Organisation, BHU, under whose leadership demonstrations etc. against the accused 1 and others were held demanding action against them; because of which the accused 1 sustained ill feeling against the complainant and had issued threats of destroying the latter's life. The complainant was appearing at the examination being held in the multi-purpose hall of the university from 8:00 am on 17.08.1992. On the aforesaid place, date and time, the security personnel caught hold of a student and proceeded to take him out of the hall, which act was opposed by the complainant saying, "All of you shall leave the examination hall and let the student talk to the professors who are conducting the examination." On my saying only this much, the chief security officer caught hold of me by grabbing my shirt and started beating me, and another security officer, to whom I know by his title 'Pathak Ji', also thrashed me. On being called by Omkar Nath Singh, around 10 security personnel standing there carried the complainant out of the hall and started beating him with sticks and staves. Shri Omkar Nath Singh assaulted the complainant with a stick. On being assaulted by the accused persons, the complainant sustained injuries. Meanwhile, other students reached there and started protesting this act of the accused persons, whereupon accused Omkar Nath Singh and his accomplices shoved them as well, resulting in the shirt of a student Rakesh Rai getting torn and his falling down. The occurrence was witnessed by witnesses and they mediated into it. Had the witnesses not mediated into the occurrence, the accused persons would have killed the complainant. The complainant got his injuries examined at the Vivekanand Smarak Government Hospital, Bhelupur, lodged a complaint-report at the Lanka Police Station and got X-ray conducted at the Shivprasad Gupta Hospital. The police is colluding with the accused persons; that is the reason no action has been taken against them as yet, being aggrieved whereby I am filing a case in Court." (English translation by Court)

26. The above facts clearly show that neither there is any allegation nor any evidence that applicant and, in particular, applicant-1 caused any hurt or grievous hurt to Informant/complainant as defined in Sections 321 and 322 IPC for the reason that in order to constitute "voluntarily causing hurt" or "voluntarily causing grievous hurt", the accused must intend to cause or known himself to be likely to cause hurt or grievous hurt. In order to attract Section 322 IPC i.e. "voluntarily causing grievous hurt" explanation is relevant that in order to cause grievous hurt, accused must act with intention and knowledge. Here the applicants and other security personnel entered the examination hall in respect to another student. The complainant intervened in their official duties and created a situation in which there was a scuffle or altercation and since he admits that he protested against all the applicants and other security personnel in taking away the students from examination hall the entire incident occurred. It shows that incident in question, as per own case of complainant, was a result of momentary passion arose on the spot due to uncalled and unwarranted interference by complainant since applicants and other security personnel were discharging their official duties and that too in respect to another student and not complainant. Complainant interfered in their action, protested and with the heat of moment incident took place. Therefore, the intention of "causing hurt or grievous hurt" is clearly lacking and that brings in inapplicability of offences under Sections 321 and 322 IPC punishable under Sections 323, 325 IPC respectively which are apparently not attracted in the case in hand. Looking into entire facts as discussed above, it cannot be said that Applicant-1, Onkar Singh initially caused any hurt or grievous hurt voluntarily with an intention to cause hurt or grievous hurt to complainant and, therefore, offences under Sections 323, 325 IPC are not made out.