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2. As per the case of the prosecution, an FIR was lodged at Paatan Police Station by the first informant – Rajeev Ranjan Tiwari on 26.11.1989 alleging inter alia that on the eve of general election, he was working as a worker of Bhartiya Janta Party at village Golhana Booth No. 132 under Paatan Police Station and was issuing slips to the voters towards two hundred yards north away from the polling booth; at that time, at around 10:40 a.m., the accused persons who belong to another village Naudiha came armed with lathis, sticks, country made pistols and asked him to stop issuing voter slips and handover the voters list which he was possessing and on his refusal the accused persons started physically beating him (PW8 – Rajiv Ranjan Tiwari) with hands, fists, lathis and sticks; the brother of the first informant-PW8, Priya Ranjan Tiwari (PW10) upon knowing about the incident came to rescue him and at that time accused Dinanath Singh @ Dina Singh fired gun shot at PW10 with his country made pistol, due to which he received pellet injuries. Accused Ajay Singh fired at Dinesh Tiwari (PW12), due to which he was injured. It was further alleged that due to scuffle, accused Hira Singh snatched wrist watches of PW8 & PW10; the villagers rushed there and then all the accused persons ran away towards village Naudhia. Based on the statement of PW8 – Rajiv Ranjan Tiwari, which was recorded at 12:30 p.m. on 26.11.1989, an FIR was registered at about 2:00 p.m. on the very day, i.e., 26.11.1989 against 16 accused named persons for the offences under Sections 147, 148, 149, 307, 326, 324, 323 IPC and Section 27 of the Arms Act. At this stage, it is required to be noted that even some of the accused – Lakshman Singh, Shiv Kumar Singh and Ayodhya Prasad Singh also sustained injuries. After conclusion of the investigation, the investigating officer filed chargesheet against 15 accused including the appellants herein. 2.1 The learned trial Court framed the charge against the accused persons for the offences under Sections 323, 307, 147, 149 and 379 IPC. Accused Dinanath Singh and Ajay Singh were further charged under Sections 148 IPC and accused Hira Singh was also charged under Section 379 IPC. As the case was exclusively triable by the Court of Sessions, the case was committed to the learned Sessions Court, which was numbered as Sessions Trial No. 36 of 1991.

3.7 It is further submitted that even otherwise, the courts below have materially erred in convicting the accused for the offence under Section 323 IPC. It is submitted that so far as PW8 – informant is concerned, there was no injury sustained by him. It is submitted that no injury certificate of PW8 has been brought on record. It is submitted that the prosecution has brought on record the injury certificates of three persons only, namely, PW10 -Priya Ranjan Tiwari, PW12 – Dinesh Tiwari and PW5 – Dilip Tiwari. It is submitted that all the injuries are by gunshot except two simple injuries caused to Dinesh Tiwari – PW12. It is submitted that PW12 turned hostile. It is submitted that the appellants are alleged to have used lathis and sticks only against the first informant – PW8 as per the prosecution case. It is submitted that therefore in the absence of any corroborating evidence/material in support of the case of the prosecution that the appellants have beaten PW8 and sustained injuries, the courts below have materially erred in convicting the accused for the offence under Section 323 IPC.

4.4 It is submitted that so far as the offence of voluntarily causing hurt as defined under Section 321 IPC and punishable under Section 323 IPC is concerned, it is submitted that the injuries sustained by PW5 to PW8 and PW12 are simple injuries while PW10 sustained grievous injuries. It is submitted that as such considering the nature of the injuries, the appellants have been let off lightly by the courts below.

It is further submitted that as such the accused Lakshman Singh, Shiv Kumar Singh and Ayodhya Prasad Singh sustained injuries which establish beyond doubt their presence and participation. It is submitted that in their statement under Section 313 Cr.P.C., they have not explained their injuries at all.

8. Now so far as the submission on behalf of the appellants – accused that all the appellants were alleged to have armed with lathis and so far as PW8 is concerned, no injury report is forthcoming and/or brought on record and therefore they cannot be convicted for the offence under Section 323 IPC is concerned, at the outset, it is required to be noted that PW8 in his examination-in-chief/deposition has specifically stated that after he sustained injuries, treatment was provided at Government Hospital, Paatan. He has further stated in the cross- examination on behalf of all the accused persons except accused Dinanath Singh that he sustained 2-3 blows of truncheons. He has also stated that he does not exactly remember that how many blows he suffered. According to him, he first went to Police Station, Paatan along with the SHO of Police Station, Paatan, where his statement was recorded and thereafter the SHO sent him to Paatan Hospital for treatment. Thus, he was attacked by the accused persons by lathis/sticks and he sustained injuries and was treated at Government Hospital, Paatan has been established and proved. It may be that there might not be any serious injuries and/or visible injuries, the hospital might not have issued the injury report. However, production of an injury report for the offence under Section 323 IPC is not a sine qua non for establishing the case for the offence under Section 323 IPC. Section 323 IPC is a punishable section for voluntarily causing hurt. “Hurt” is defined under Section 319 IPC. As per Section 319 IPC, whoever causes bodily pain, disease or infirmity to any person is said to cause “hurt”. Therefore, even causing bodily pain can be said to be causing “hurt”. Therefore, in the facts and circumstances of the case, no error has been committed by the courts below for convicting the accused under Section 323 IPC.