Judgment

YOGESHWAR DAYAL, J.:- Special leave granted.

2. We have heard the learned counsel for the appellant as well as the learned counsel for the State.

3. The appeal itself is directed against the judgment of the learned single Judge of the High Court of Madhya Pradesh dated 19th September, 1991 whereby the High Court dismissed the appeal of the appellant and maintained conviction under S. 325, Penal Code but reduced the sentence to the sentence already undergone by him. The trial Court had convicted the appellant under S. 325, Penal Code and sentenced him to one year rigorous imprisonment.

4. The prosecution case was that on 5th April, 1985 at about 11 Oclock in the night the appellant himself went and informed Dilip Singh, the brother of the deceased Lakhan Singh, that since Lakhan Singh was abusing him he had assaulted him by spade. The accused also asked the brother Dilip Singh to go and bring his brother. Dilip Singh started to see his brother, but on the way he found Bhola Singh (P. W. 7) and Yeshwant (P. W. 9) bringing his brother from the direction of the house of the appellant. Lakhan Singh was removed to hospital. When he was being taken from one hospital to another hospi