Judgment

GOSWAMI, J. :- This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana whereby the appellant, Sat Kumar, stands convicted under Sections 325/34 and 323/34 of the Indian Penal Code. He was sentenced to two years rigorous imprisonment under Section 325 IPC and six months rigorous imprisonment under Section 323 IPC. Both the sentences were to run concurrently.

2. Originally there were four accused, namely, Ravi Dutt, his son, Ram Kumar and Narain Dutt and his son, Sat Kumar, who were committed to the Court of Sessions for trial under Sections 120-B, 307/34, 325/34, and 323/34 IPC. The prosecution story is that Suraj Bhan (PW 3) the injured person, was on inimical terms with the accused. During 1966-67 when Ravi Dutt was the Chairman of the Market Committee, Uchana, a successful no confidence motion was moved against him and Ravi Dutt suspected Suraj Bhan as the instigator of the move to remove him which was effected on 6th March, 1967. It is alleged that on 15th March, 1967, accused Ravi Dutt and Ram Kumar had assaulted Suraj Bhan as a sequal to the aforesaid removal and a criminal case was registered against them which was pendin