Nawal Kishore, C.J.—This judgment will dispose of two criminal revisions No. 241 and 242 of 1950 preferred by Sitaram and Shankardan separately against the order of the learned Sessions fudge upholding their convictions and sentences.

2. The complainant Jaskaran and the accused Sankardan and Sitaram all belong to village Bevta Tehsil Jodhpur. There is absolutely no evidence on the record about the state of relations between them but from what follows they must have been bad. They are related to one another but there appears to have been no love lost between them. On the evening of the 31st of January 1948 some performance was going to be held in the village and Jaskaran was making seating arrangements for the audience in connection with it. Whether this performance was religious or otherwise, the evidence does not show. The allegation of the prosecution is that at about 9 P. M. When Jaskaran was busy making arrangements, the two accused namely Shankardan and Sitaram suddenly arrived. Shankardan was armed with a sword while Sitaram was carrying a lathi. Sitaram showered several lathi-blows on the face of Jaskaran with the result that he fell down and became unconscious. Thereafter, S

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