Judgment

MUDHOLKAR, J.: While granting special leave in this appeal from a judgment of the Patna High Court this Court restricted it only to one question and that is whether the act of the appellant amounts to an offence under S. 307, Indian Penal Code.

2. It has been found by the courts below that on February 23, 1961 Madan Mohan Sinha (P. W. 1) and Shankar Prasad Shrivastava (P. W. 3) were attacked while they were passing through the Dharman Chowk at 1-30 P.M. by Sushil Chand Jain with a chhura as a result of which Madan Mohan and Shankar Prasad sustained grievous hurts and that these injuries were inflicted upon them by Sushil Chand with such intention or knowledge and under such circumstances that if they had resulted in death the Offence would fal1 under S. 307, Indian Penal Code. The courts below have also found that the appellant Sarju Prasad who also participated in the incident inflicted similar injuries on Shankar Prasad with similar intention. Both sushil Chand and the appellant Sarju Prasad were Convicted by the Second Assistant Sessions Judge, Arrah under S. 324 and S. 307, I. P. C. and in respect of the latter offence sentenced to rignrous imprisonment for 7 years and t