JUDGMENT :

M. Hidayatullah, J.

1. The two Appellants, Sukhnath Singh and Shamsher Singh were prosecuted in the Court of Session, Sultanpur Under Section 307 read with Section 34 of the IPC, but were convicted each Under Sections 324 and 323, IPC and sentenced to rigorous imprisonment for two years and one year respectively. Their appeal to the High Court of Allahabad was dismissed. They now appeal to this Court by special leave.

2. The prosecution was in respect of an offence said to have been committed on 15-7-1961 at 8 A.M. in what is described as plot No. 512 of Jamooria, Police Station Musafirkhana, District Sultanpur. Originally one other person, by name, Shambhoo Singh was also prosecuted, but he was acquitted in the Court of Session. The Appellants and Shambhoo Singh are three brothers. They are said to have assaulted Kalapnath Singh (PW 1) and his nephew Rajnarain Singh (PW 2) in the field with lathies. The evidence shows that Kalapnath Singh received three injuries of which two were on the head and one on the fore arm. Kalapnath Singh bled from his ear which indicated that he had received some internal injury as well. Rajnarain Singh received two injuries, one on the head a