JUDGMENT

B.R. James, J. - The Appellants before me are four in number, viz., Suraj Din and his brother Basdeo, and Indra Pal and his brother Sripal, all residents of a hamlet of village Sarkandi, district Fatehpur. The Sessions Judge has held that on 20-8-1952 at dawn these four in furtherance of a common intention committed an attempt to commit culpable homicide not amounting to murder of one Nathu Kewat and has sentenced them each to 21/2 years' rigorous imprisonment u/s 308 read with Section 34, IPC. In addition he has found that at the same time Basdeo and Sripal in furtherance of a common intention caused simple hurt to Sheonandan and has awarded them three months' rigorous imprisonment each u/s 323 read with Section 34, IPC. The appeal is directed against these convictions.

2. It is common ground that at the time and date aforesaid Nathu Kewat sustained two lathi injuries, one a bone-deep contused wound 1" X 1/2" on the right side of the head fracturing the skull-bone underneath, and the other an abrasion l"1/2" on the left knee-joint. The former injury was a very serious one, and but for prompt medical attention at the hospital at Fatehpur he might not have survived. Sheonanda