N.L.Untwalia, J.

1. The prosecution case is that on the 30th August, 1965, at about 8 A.M. when Dasrath Manjhi (P.W. 1) was returning to his house from village Ram-chandrapur, near a well of Aman Mandal in his village Sonudih Gangati, petitioner Jagdish Manjhi dealt a lathi blow on his left hand, injuring his left ring finger from behind, and petitioner Chaurasi Manjhi dealt two lathi blows on each of his thighs, whereupon petitioner Jagdish Manjhi gave a lathi blow on the root of his neck. P.W. 1 fell down. Petitioner Jagdish Manjhi rode on his chest and bit his lower lip with teeth, causing bleeding injury. A first information report was lodged, but the Police submitted a final report, saying that it was a case under Sec.323, Indian Penal Code which was non-cognisable. The case proceeded on trial upon a complaint filed by P.W. 1. The defence was that the prosecution case was not true. Both the Courts, believing the prosecution evidence have found the petitioners guilty. Petitioner Chaurasi Manjhi has been convicted under Sec.323 of the Penal Code and sentenced to undergo rigorous imprisonment for two months. Petitioner Jagdish Manjhi has been convicted under Sec.324 of th