1. - Challenged is appellants' conviction for the offences of Section 326 read with Section 34 IPC and and Section 324 read with Section 34 IPC and respective sentences awarded of three years with fine Rs. 2000 as per judgment dated 5.12.88.

2. Heard. Events and brief facts leading to appellants' prosecution are that on 9.7.84, ASI PW 5 of Police Station, Kotgate on instruction of SHO Surja Ram & Another v. State PW 6, arriving at hospital Bikaner, recorded statement Ex.P-1 of Hari Ram PW 1 who was admitted in injured state. Hari Ram averred that on that day at about 8.45 am, he going to his work on cycle reached near shop of Radha Kishan in market - where from behind came Surja Ram, Tiliya @ Triloki and Motilal on motor-cycle and struck him, and as he fell down, appellant Surja Ram inflicted a blow of Barchhi on his buttock and on his getting up, Tiliya inflicted blow of sword on his right hand - then both inflicted blows with barchhi and sword on his right, left palm, both legs, thighs and on other parts of the body. On his cries and shouting, Sevaram and Atta Hussain came who intervening, protected and many people gathered. Also averred that all three in relation are his nephews and he beaten because of old animosity and cases - mentioning that because of injuries, he cannot sign or make thumb impression of any hand. So ASI PW 5 taking impression of thumb of right leg on this recorded statement, making his own endorsement presented same to SHO PW 6 who on basis of this statement Ex.P-1 registered FIR Ex.P-9 No.154/84 for offences of Sections 324 and 334 IPC.

3. ASI PW 5 inspecting place of occurrence on 9.7.84 itself prepared memo and site plan Ex.P-2 and Ex.P2-A. Then on 10.7.84 at hospital worn clothes and Dhoti and having cut marks of injured Harim were seized and sealed vide memo Ex.P-3.

4. SHO PW 6 arresting appellant Trilok on 12.7.84 on and as per his Surja Ram & Another v. State information Ex.P-10 from his house recovered a sword which was taken out by accused himself taking from old jute bag lying in kitchen respective memos are Exs. P-6, 10 and 4. Arresting appellant Surja Ram vide memo Ex.P-7 and as per his information Ex.P-11 recovered making memo Ex.P-5 from his house a barchhi which was taken out by Surja Ram from old household goods lying in kitchen - copies of slip used in sealing sword and barchhi prepared and separately kept are Exs. P-13 and P-14.

5. Injury report of Hari Ram is Ex.P-15 and x-ray report Ex.P-16. After recording statements of witnesses and usual investigation and as injuries grievous with fracture of right forearm and meta corporal - charge-sheet submitted against appellant and Motilal for the offences of Sections 307, 326, 324 and 323 IPC.

6. Appellant and acquitted accused Motilal charged for the offences of Sections 307, 326, 323, 324 and also read with Section 34 IPC, claimed trial.

7. Of the seven prosecution witnesses, Hariram PW 1 is the injured, Sevaram PW 2 eye-witness named in the FIR, PW 3 and PW 4 witnesses of recovery who are declared hostile. ASI PW 5 recorded the statement of Ex.P-1 that is FIR and inspected site, and Hukam Singh SHO IO made recoveries. Dr. Ravi Kumar PW 7 examining the injuries of PW 1, prepared injury report Ex.P-15.

8. Stand of the appellant as explained by them is that complainant Surja Ram & Another v. State and they are on inimical relations - cases in between them - prosecution witnesses relatives, so they are falsely implicated and witness telling lie. In defence are examined Ramanlal DW 1 and Omprakash DW 2. Raman Lal DW 1 states that his house is just adjacent shop of Radha Kishan Surajmal where he doing work of repairing sofa-set etc. and in last year never such incidence of injuring anyone on thoroughfare occurred. DW 1 also states that on a Monday in the month of July in evening came police and inquired and he said that no such incidence occurred. In crossexamination, he states that till the day of evidence, appellant did not say of any