JUDGMENT :

G.K. Misra, C.J. - Petitioners have been convicted u/s 332, Indian Penal Code and sentenced to R.I. for six months each. Prosecution case may be stated in short. On 26th of December, 1968 command certificates were issued to the constables (p.ws. 5 and 11) for village patrol duty. On 28th of December, 1968 p.w. 11 visited village Badasahi. At about 7 p.m. that day Petitioner Guljar abused p.w. 11 saying that constables were frequently visiting the village and they should be beaten. He was in a drunken state and dealt a lathi blow on p.w. 11. Guljar called his two brothers the other two Petitioners. They came armed with sticks and assaulted p.w. 11 who called for help. P.ws. 1, 2 and 8 came to the rescue of p.w. 11. By then the Petitioners had fled away. P.w. 11 lodged F.I.R. Ext. 2. Certain injuries were found on him on medical examination.

Petitioner Guljar took a specific defence that p.w. 11 was drunk and had asked him to arrange a female for him. On Guljar?s failure to do so p.w. 11 abused him. The other two Petitioners took to a plea of denial. Both the Courts below accepted the prosecution case and rejected the defence version.

2. Mr. Murty for the Petitioners challeng