1. We confirm all the three convictions for the grievous hurt done to Shivbhai, but alter the two sentences of transportation for life passed on the prisoners Vasta and Vaja (Nos. 1 and 3) for the same to sentences of five years' rigorous imprisonment. We reduce the sentence of two years' rigorous imprisonment passed on the youthful prisoner Chuntha to one year for that offence.

2. We alter the three convictions for the injury done to Mathur. The Joint Sessions Judge has found this to be grievous hurt, relying apparently on the evidence that Mathur remained in a hospital for the space of twenty days. The inference which he apparently draws is that Mathur was during that period unable to follow his ordinary pursuits. In the absence of any evidence to that effect, we are of opinion that such an inference cannot legally be drawn. An injured man may be quite capable of following his ordinary pursuits long before twenty days are over, and yet for the sake of permanent recovery or greater ease or comfort be willing to remain as a convalescent in a hospital, especially if he is fed at the public expense. As we have observed that in several Courts under our superintendence, proof of mere residence in a hospital has been taken as equivalent to proof of grievous hurt, we think it important to point out that before a conviction can be passed for that very serious offence, one of the injuries defined in section 320 must be strictly proved; and that the eighth clause is no exception to the general rule of the law that a penal statute must be, construed strictly.

3. In the present case we see no reason to suppose that the wounds given to Mathur were so severe as to come within the definition of grievous hurt. We, therefore, alter the three convictions from section 326 to convictions for hurt under section 324; and instead of the sentences of five years' rigorous imprisonment passed on Vasta and Vaja, we sentence them to two years' rigorous imprisonment; and instead of that of two years' rigorous imprisonment passed on Chuntha, we sentence him to one year. These sentences to commence at the expiry of the other sentences.

3. We uphold the order about security to be given by Chuntha, but reduce the amount to Rs. 100, with two securities each for that sum.