Judgment

   Five persons were tried by the learned Third Additional Sessions Judge, Bilaspur, M. P., under Section 307 read with Section 149 of the Penal Code. The learned Judge acquitted three out of them, namely, Premlal, Sadan and George Martin. The order of acquittal has become final. The other two, Sudhir and Amrit, who are the appellants in this appeal were convicted under Section 326 of the Penal Code and were sentenced to rigorous imprisonment for two years. The order of conviction and sentence has been confirmed in appeal by the High Court.

2. As observed by the High Court, the case against the appellants depends wholly upon the evidence of the complainant Kamal. The case of the prosecution is that on July 19, 1975 at about 6.30 p.m. Kamal was assaulted by the appellants while he was going to a pan, shop. The allegation is that appellant No. 1 Sudhir caused two stab injuries with a knife to Kamal, one on the right scapula and the other on the lower back, while appellant No. 2 Amrit assaulted Kamal with a danda. Having seen the evidence of Kamal and having regard to his conduct immediately after the incident, it seems to us difficult to accept his testimony and on the basis o