M.Hidayatullah, J. - (1.) The two Appellants, Sukhnath Singh and Shamsher Singh were prosecuted in the Court of Session, Sultanpur Under Section 307 read with Section 34 of the IPC, but were convicted each Under Sections 324 and 323, IPC and sentenced to rigorous imprisonment for two years and one year respectively. Their appeal to the High Court of Allahabad was dismissed. They now appeal to this Court by special leave.
(2.) The prosecution was in respect of an offence said to have been committed on 15-7-1961 at 8 A.M. in what is described as plot No. 512 of Jamooria, Police Station Musafirkhana, District Sultanpur. Originally one other person, by name, Shambhoo Singh was also prosecuted, but he was acquitted in the Court of Session. The Appellants and Shambhoo Singh are three brothers. They are said to have assaulted Kalapnath Singh (PW 1) and his nephew Rajnarain Singh (PW 2) in the field with lathies. The evidence shows that Kalapnath Singh received three injuries of which two were on the head and one on the fore arm. Kalapnath Singh bled from his ear which indicated that he had received some internal injury as well. Rajnarain Singh received two injuries, one on the head and the other on the shoulder. Kalapnath Singh became unconscious and it seems he remained so for some time. In one place Kalapnath Singh says that he was unconscious for 12 days and in another that he was unconscious for two days. It is obvious that he was improving the case in the Court of Session, but it is equally obvious that the injury was serious.
(3.) The case stands proved by the evidence of these two victims of the assault. There were other witnesses who had arrived on the scene and some of them had them selves been assaulted but they were not examined on the plea that they had turned hostile. There is nothing to show whit their statement would have been if they had been called. They were just dropped from the list of witnesses. The case, therefore, rests upon the testimony of the two victims that they were injured goes without saying because they were immediately examined by the doctor and their first information report was also made at 11 A.M. within three hours of the occurrence. The names of these assailants were mentioned in it including that of Shambhoo Singh who, however, received benefit of the doubt in the Court of Session.;