< no )1808.
March 10.
I cannot hold this to be grievous hurt. To be guilty of volun-tarily causing grievous hurt the offender must be proved notonly to have caused that grievous hurt, but to have known he waslikely to cause it.
There are some often-quoted cases of death from rupture ofthe spleen caused by a comparatively slight blow given by onewho was ignorant that the person struck was diseased (see Starling'sCommentary on sections 219-333 and Mayne's Criminal Law ofIndia, chapter IX., sections 397-398a). I follow these authorities.
I regard this case as little more than an accident. No doubtboys should not kick each other, especially a big boy should notkick a boy smaller than himself, but we must not punish schoolboy fights by imprisonment at hard labour.
I set aside the conviction under section 316. I find the accusedguilty under section 314, and I order him to pay a fine of Rs. 10,or simple imprisonment for seven days.