1. The applicants feel aggrieved by the judgment and order passed by learned Additional Sessions Judge10, Nagpur in Criminal Appeal No. 145 of 2012 dismissing the appeal filed by the applicants against the judgment and order passed by Assistant Sessions Judge in Sessions Trial No. 3 of 2012. The applicants have been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and have been sentenced to suffer rigorous imprisonment for a period of three years and to pay fine of rupees one thousand each in default to suffer further rigorous imprisonment of three months each. Applicant No.1 is son of applicant No.2.

2. It was the case of prosecution before the trial Court that complainant Roshan Damodhar Khobe was friend of applicant No.1 Anil as they were studying in one and the same school. The complainant had taken some money from applicant No.1 Anil by representing that applicant No.1 Anil would get diploma of computer course namely 'Smart Value'. Applicant No.1, however, did not appear for examination and he did not get the diploma. Applicant No.1, therefore, had a grudge against the complainant. It is the case of prosecution that applicant No.1 had taken the complainant Roshan to his field and had assaulted him by means of knife. It is alleged that applicant No.2 who is father of applicant No.1 had also assaulted the complainant by means of wooden handle of an axe. The matter was reported to police. The injured complainant was examined by the Medical Officer and after completion of investigation chargesheet was filed in the Court for the offence punishable under Section 307 of the Indian Penal Code. Both the applicants were tried by the learned Assistant Sessions Judge and were convicted and sentenced, as stated above. The appeal filed by both the applicants has been dismissed by the learned Additional Sessions Judge.

3. In this regard it may be mentioned here that during the course of trial the complainant was examined as P.W. 2. The prosecution had examined in all ten witnesses, including Medical Officer P.W.10. The case of the prosecution was mainly based on the evidence of P.W. Nos. 2 and 10. The learned trial Judge found evidence of P.W. 2 to be trustworthy and corroborated by medical evidence of P.W. No.10. Learned trial Court had also come to the conclusion that applicant No.2 had shared the intention of applicant No.1 and therefore, both of them were found guilty of the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The learned appellate Court also took the same view and confirmed the order passed by the trial Court.

4. During the course of arguments, learned counsel Mr. Khergade has submitted that the injuries sustained by the complainant P.W. 2 were not of serious nature and therefore, the applicants could not have been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. It is submitted that both the applicants at the most could have been convicted for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code. In alternate, it was also submitted that the punishment imposed on the applicants is harsh in the nature. Further alternate plea was taken by learned Advocate Mr. Khergade that applicant No.2 could not have been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code.

5. I have gone through the evidence of P.W. Nos. 2 and 10 At the outset it may be stated here that P.W. 2 had sustained as many as five injuries which have been described by P.W. 10 as under : (i) Lacerated wound on neck front anterior side, size 8 cm x 2 cm, 3 cm deep. (ii) Stab wound on right hypochondrium region, 3 cm x 2 cm x muscle deep. (iii) Stab wound on right iliac region 2 cm x 1 cm x muscle deep, (iv) Stab wound on left lumber region, 3 cm x 2 cm x muscle deep. (v) Lacerated wound on left hand at the base of left index finger po