qORDER

Leave granted.

2. Four persons were convicted under Section 302 read with Section 149 of the Indian Penal Code in the matter of murder of Bahadur Singh on 18-7-1984. There was one more assailant involving in the case and that made the unlawful assembly. The High Court confirmed the conviction and sentence passed on all the four persons and dismissed the appeal filed by them. When the special leave petition was filed by all those four persons we felt that the conviction passed on appellants Murarilal and Vinod Kumar was well merited and cannot be re-opened. Hence we dismissed the special leave petition in respect of them. We issued notice only in respect of the present appellants—Dinesh Kumar and Chhotelal.

3. These two appellants alleged to have inflicted injuries on the deceased with lathi blows. The injuries have been noted by the doctor who conducted the post mortem examination. The following are those injuries:

“I. Inside wound size 2” x 1” x ½ ” on left side of chest on anterior surface at the level of 10 rib on medical vacuolar line.

II. Incised wound size 2” x 1” x 1” on right side of back on medial surface of seapula at the level of 7th rib.

III. Incised wound 2”