BARKAT ALI ZAIDI, J. - (1.) IN a criminal case (2792 of 1997) pending before Additional Chief Judicial Magistrate, Court No. 18, Gorakhpur, the Trial Magistrate who had initially framed the charge under Section 323 I.P.C. besides the other Sections of the I.P.C, subsequently amended the charge from one under Section 323 I.P.C. to Section 326 I.P.C. against the O.P.s accused, which was challenged in a revision by the O.P.s accused.
(2.) THE Sessions Judge (In Criminal Revision No. 74 of 2001) held that no charge under Section 326 I.P.C. could be framed and against that order, the complainant has come to this Court, under Section 482 Cr.P.C. I have heard Sri A.P. Tewari, advocate for the applicant and Sri R.K. Maurya, Additional Government Advocate for the State.
(3.) SECTION 320 I.P.C. specifies only 8 types of Hurt as grievous, which are as follows : Firstly - Emasculation. Secondly - Permanent privation of sight of either eye. Thirdly - Permanent privation of hearing of either ear. Fourthly - Privation of any member of joint. Fifthly - Destruction or permanent impairing of the bowers 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. ;