Short Note : 1. This is a revision application under section 401 of the Code of Criminal Procedure against the order dated 20-8-1974 in Criminal appeal No. 168 of 1973 passed by the Additional Sessions Judge, Shivpuri, arising out of Criminal Original Case No. 67 of 1973 presided by the Judicial Magistrate, First Class, Pichhore who convicted the applicant under section 323 IPC and sentenced him to a fine of Rs. 200. Held : The only submission made before me is that the medical report produced in the case which is proved by Dr. H.K. Pastore (PW.4) clearly belies the story that a blow of hockey stick was given by the present applicant on the heal of the complainant. Ex. P/2 shows as under:- “Incised Wound – 1½” x ¼” x 1/8”. Situated on the scalp longitudinally 4½” above the supra-orbital margin. Fresh blood coming out from the wound. Margins of the wound are clean cut, well defined and averted. - Injury is simple in nature. - Caused by sharp object. - Caused within 24 hours of duration.” 2. This is proved by witness Dr. H.K. Pastore (PW.4). He has said in his statement that he did not find any other injury except this one. Looking to the medical evidence, it becomes clear that the story put forward by the prosecution that the present petitioner gave a hockey stick blow on the complainant is completely falsified. There is no reason as to why the alleged injury given by a hockey stick was not found by the Doctor on the head. The only conclusion that can be drawn, therefore, is that in fact, no hockey stick blow was given on the head of the complainant and the story to that effect is false. As I do not believe on the basis of medical evidence that a hockey stick blow was given on the head of the complainant, I will have to accept the revision filed by the present petitioner. His conviction under section 323 IPC cannot, therefore, be maintained. Revision allowed.