027-NLR-NLR-V-69-S.-A.-DINGIRI-BANDA-Appellant-and-INSPECTOR-OF-POLICE-ARANAYAKA-Respondent.pdf
SIRIMANE, J.—Dingiri Banda v. Inspector of Police', Arandyaka 14ft
1966Present . Sirimane, J.
S. A. DINGIRI BANDA, Appellant, and INSPECTOR OF POLICE,ARANAYAKA, Respondent
S. G. 949/66—.M. C. Kegalla, 54091
Penal Code—Section 311—“ Grievous hurt”.
The mere fact that a person was in hospital for twenty days is not sufficientto prove that he was suffering from grievous hurt within the meaning of section311 of the Penal Code.
.A.PPEAL from a judgment of the Magistrate’s Court, Kegalla.Neville Wtjeratne, for the accused-appellant.
C. Perera, Crown Counsel, for the Attorney-General.
September 30, 1966. Sibimane, J.—
The accused-appellant has been convicted of causing grievous hurt,under grave and sudden provocation jand sentenced to four months’rigorous imprisonment.
It was urged in appeal that it has not been established that the injurywas grievous. The injury was an incised wound on the left forearmcutting the muscles. The prosecution apparently relied on the 8th kindof hurt described in section 311 of the Penal Code as grievous, namely,that this injury was one which caused the sufferer to be, during thespace of twenty days, in severe bodily pain or unable to follow hisordinary pursuits.
The prosecution does not, however, appear to have paid much attentionto proof of this fact. There were two doctors called and neither of themcould say how long the injured man was in hospital, though one of themexpressed an opinion that he would not have been able to use his hand fortwenty-one days ; but this doctor saw him only on the date of admissionand not thereafter.
The injured man himself has stated (to use his words) “ Altogether I wastwenty-one days in hospital ”, On the first day that he gave evidencehe had said that he was a “ contractor ” and on the second that he wasa “ cultivator ”. He has not said, however, that he was unable to followhis ordinary pursuits, and one cannot infer this from the meagre evidence
144
SIR MANE, J.—Dingiri Banda v. Inspector of Police, Aranayaka
available in this case. This Court has held in Silva v. Gunasekera1 thatthe mere fact that a person has been in hospital for twenty-one days isnot sufficient to prove that he was suffering from grievous hurt.
I think the prosecution has not established beyond reasonable doubtthat the injury in this case was grievous. I alter the conviction to one ofvoluntarily causing hurt under provocation under section 325 of thePenal Code and sentence the accused-appellant to one month’s rigorousimprisonment.
Conviction altered.
1 {1942) 43 N. L. It. 404.