Judgment

BHAGWATI, J.:- This appeal, by special leave, is directed against an order passed by the High Court of Madhya Pradesh confirming the conviction and sentence of the appellants. The appellants with four others were prosecuted for offences under Section.326 read with Section 34 and Section 325 read with Section 34 of the Indian Penal Code. The case against the appellants and the other accused was as follows: One Ganpat was in the possession of a field called Buliyawala where Arhar crop was standing. On 16th February 1968 in the afternoon at about 4 p.m. Ganpat on reaching his field found that the cattle of the accused were grazing in his field. Ganpat rounded up the cattle in order to take them to the cattle-pound, whereupon an altercation took place between Ganpat and the accused. Appellant No. 2, who was armed with a Lohangi, gave a blow causing fracture on the left hand of Ganpat. Baijnath, another accused, also gave lathi blows to Ganpat. Ganpat thereupon fell down semi-unconscious, but at that stage his son Rajdhar came along to the field. Rajdhar on arrival was attacked by appellant No. 1 with a farsi and an injury was caused to him on his left hand. Appellant No. 2 als