( 1 ) OM Parkash who was convicted by Shri P. C. Bhatnagar, Magistrate 1st Class Delhi on 31st August, 1967 under sections 326/34 Indian Penal code and sentenced to undergo rigorous imprisonment for one year and whose appeal from his conviction and sentence was dismissed by the learned Additional Sessions Judge on 27th November, 1967, has preferred this revision through Shri M. S. Gandhi, his learned Advocate.

( 2 ) THE circumstances giving rise to this revision are that on the evening of 14th November, 1965, at about 7 P. M. Ved Parkash P. W, 2 and Vishwa Nath were having tea at a tea stall in Ram Nagar. After finishing with their tea, Vishwa Nath went out of the shop and Ved Parkash soon thereafter heard some noise indicative of some alteration. Coming out of the shop, he saw that Kulwant Singh. Chander. Om Parkash and Lachhman were quarrelling with Vishwa Nath. Vishwa Nath picked up a brickbat and hurled it on his opponents, but they evaded the brickbat and did not sustain an injury. They, however, again tried to catch hold of Vishwa Nath, Ved Parkash shouted on them and asked them to go away, otherwise, they would be thrashed. Om Parkash instigated his companio