Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 27.08.2008 holding the appellant guilty for commission of offence under Section 324 read with Section 34 of the Indian Penal Code ("IPC" for short) and sentencing him to undergo one years rigorous imprisonment and fine of Rs.1,000/- only.

3. One Surendra Kumar Sehgal was a student of D.B.S. (P.G.) College. Appellant herein also was a student of B.A. Part II of the same college. On 31.1.2000, when Surendra Kumar Sehgal was entering the college through its gate to attend his N.C.C. class, appellant along with three other persons who were armed with "Khukries" (a sharp edged weapon) assaulted him on instigation made by the appellant as a result whereof he suffered five injuries, which are as under:

"i. Incised wound 6 cm x 1.0 cm muscle deep on back side of head 11 cm above right ear. This injury was fresh and it was bleeding.

ii. Incised wound 2 cm x 0.5 cm x skin deep backside of the head and 7 cm below the injury no.1 and the blood was oozing from this injury.

iii. Incised wound 5 cm x 1 cm x muscle deep, on the left of head and 6 cm above the left ear.

iv. Incised wound 2.5 cm