Judgment

Narasimham, C J

[1] This is a petition to revise the appellate judgment of the Sessions Judge of Sambalpur, maintaining the conviction of the petitioners under Section 323 , I. P. C., and the substantive sentence of imprisonment passed on them by a First Class Magistrate of Sambalpur. The revision petition was put up before me for admission on the 28th September, 1956 and after hearing Mr. Chatterji for the petitioners I passed the following order :

"This revision is admitted so far as petitioner Lachman Sindhi is concerned on the question of sentence only. He will continue on the same bail.

The revision is dismissed in respect of petitioners Nam Deo Sindhi and Puranmal Sindhi. Immediate steps should be taken to commit these two petitioners to jail to serve out their sentences."

[2] The charge against the three petitioners, was that on account of previous grudge they, on the 30th September, 1955, severely assaulted one Sardar Balbir Singh, Travelling Ticket Examiner on the South Eastern Railway while he was proceeding along Jharsuguda bazar. The motive for this dastardly attack was said to be his action in charging petitioner No. 1 Namdeo Sindhi with penalty for having travell