ORDER

Allsop, J. - This is an application in revision. The case has a peculiar history. The applicant Moti Ram and three others were charged with an offence of culpable homicide not amounting to murder and were tried by an Assistant Sessions Judge u/s 304, I.P.C. The Assistant Sessions Judge found that the accused did not have the common intention of causing death and he, therefore, acquitted all of them of having committed any offence punishable u/s 304, I.P.C. He convicted two of them including the present applicant Moti Ram of an offence of voluntarily causing grievous hurt using for this purpose the provisions of Section 34, I.P.C. The two men who had been convicted appealed to the Sessions Judge. He came to the conclusion that the offence if it was committed was properly punishable u/s 304, I.P.C., and after issuing notice to the appellants to show cause why he should not order a re-trial, he did pass such an order and the case went back to the Assistant Sessions Judge and was re-tried by him. He then convicted the two men u/s 304, I.P.C., and sentenced each of them to rigorous imprisonment for a period of three years. The sentence at the previous trial u/s 325, I.P.C., had bee