Judgment

SARKARIA

( 1 ) BHAGWAN Tana Patil, appellant herein was tried along with his brothers, Sahadu Tana Patil and Atmaram Tana Patil, and his cousin, Bhimrao Dagadu Patil by he Additional Sessions Judge, Jalgaon on charges under Sections 307, 323, and 325 read with Section 34, Penal Code, arising out of an incident that took place at village Gudhe on 15/09/1967. Appellant was convicted under Section 324, Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs. 200. 00 for causing an injury to Baliram Ukha with a knife. His three companions were also convicted for the same injury under Section 323 read with Section 34, Penal Code. All the four accused were further convicted under Sections 325/34 and 324/34, Penal Code, for causing grievous hurt to Bhagwan Parshram and simple hurt to Maharu Baliram, respectively.

( 2 ) ON appeal, the High Court of Bombay maintained the conviction and sentence of Bhagwan Tana Patil but acquitted the other three accused persons of all the charges levelled against them. Aggrieved by the said decision. Bhagwan Tana Patil has appealed to this Court by special leave.

( 3 ) THE brief facts of the case may now be stated.

( 4 ) THE fiel