judgment

S.B. SINHA, J. —

1.Leave granted.

2.Bishan Singh son of Bachchi Singh and Govind Ballabh son of Krishnanand, the two surviving accused, who were tried and convicted for commission of an offence under Sections 147 and 308/149 of the Indian Penal Code (IPC) are before us; the other four accused, namely, Arjun Singh, Shivraj, Govind Singh and Bhairav Dutt having expired.

3.One Harish Bhatt was the complainant. On 30.09.1984 at about 06.30 p.m. when he was going towards his village, the accused persons allegedly assaulted him with lathis and took out a sum of Rs.400/- from his pocket. His brother Ghanshyam Dutt Bhatt intervened. It was alleged that the accused persons were inimically disposed of towards the injured and had attacked him with an intention to cause his death. The injuries suffered by Harish Bhatt as per the injury report prepared by Dr. J.S. Pangti (PW-6) are as under :

“1.Lacerated wound 3 cm x 1 cm on scalp at right parietal region, 14 cm above the right eye-brow. Scalp deep. Fresh bleeding present.

2.Lacerated wound 5 cm x = cm x scalp deep on scalp, at right parietal area, 19 cm above the right eye-brow.

3.Lacerated wound 3 cm x < cm x skin deep, 4 cm above the r