Chandra Reddy, J.

[1] These two cases arise out of Criminal Appeals Nos. 7 and 8 of 1955 on the file of the Sessions Judge, Cuddapah, which were filed against the judgments of the Sub-Divisional Magistrate, Proddatur in C. C. Nos. 255 and 273 of 1954 respectively. There were two accused in C. C. No. 255 of 54, and while accused 1 was charged under Section 326, I.P.C., accused 2 was charged under Section 324, I. P, C.

In the other case, there was only one accused and he was charged for an offence under Section 324 I.P.C. The case against all the three petitioners was that on 11-7-1954 while P. W. 1, one Chalia Venkata Reddi, was going on the road, the three accused emerged from the house of the father of accused 2 in C. C. No. 255 of 1954 and attacked him with spears. Each accused caused one injury, the one by accused 1 in the first case proving to be grievous.

The complaint was filed by P. W. 1 against all the three accused. After investigation, the police charge-sheeted only the two accused to C. C. No. 255 of 1954. Not satisfied with this, P. W. 1 filed a private complaint. The learned Sub-Divisional Magistrate took on file the private complaint as a different case and