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62.Now what needs to be ascertained are the injuries caused to the complainant and their nature.

SC No. 228/2019; FIR No. 458/2018 PS Badarpur; State vs. Rahul Naithani & Anr. Page No. 24 of 37

63.Section 320 IPC defines grievous hurt 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.

65.There is an exceptionally meager line of distinction between 'hurt which endangers life' and 'injury as is probably going to cause death'. In Mohammad Rafi vs. Emperor , the accused caused damage on the neck of the perished from behind, the Lahore High Court held the accused at risk for under Section 322 IPC (intentionally causing grievous hurt) for causing demise by grievous hurt as against guilty of culpable homicide not adding up to the murder. The articulation 'endangers life' is a lot more grounded than the articulation 'risky or dangerous to life'.

82.In terms of Section 320 IPC, it can be logically concluded that if the victim can follow his ordinary pursuits but unable to carry out his profession or avocation, for the reason of injury, it will not amount to grievous hurt.

83.The Supreme Court in the case of Mathai vs. State of Kerala (2005) 3 SCC 260 has observed that before a conviction for the sentence of grievous hurt can be passed, one of the injuries defined in Section 320 IPC must be strictly proved, and the eighth clause is no exception to the general rule of law that a penal statute must be construed strictly. Some hurts which are not like those hurts which are mentioned in the first seven clauses, are obviously distinguished from a slight hurt, may nevertheless be more serious. Thus, a wound may cause intense pain, prolonged disease or lasting injury to the victim, although it does not fall within any of the first seven clauses.

84.For an individual might be held liable for an offence of causing grievous hurt, it must be demonstrated that he either expected to cause or realized that himself will generally be liable to cause grievous hurt and not otherwise. So as to decide, if the hurt is grievous, the degree of the hurt and the intention of the guilty party must be considered.

85.In the light of above discussion facts of present case need to be considered to ascertain the nature of injuries.