S.K.Verma, J. - (1.) Abdul Razzak has filed this appeal against the judgment of the learned Sessions Judge of Allahabad, convicting him under Sections 323 and 325, 'each read with Section 34 I. P. C. and sentencing him to one year's rigorous imprisonment for the former offence and to two years' R. I. for the latter offence. The sentences were ordered by the learned trial Judge to run concurrently.
(2.) The following facts are not in dispute, Abdul Razzak and his son Naziruddin are residents of village Kasari Masari, police station Dhumanganj, district Allahabad. Reayat Hussain P. W. 1 is also a resident of that very village. On 22-4-1958, at 6 a.m. an incident, involving the use of violence, took place near a well situate at a short distance from Reayat Husain's house. In this incident Reayat Husain, Abdul Majid and Ramizan Ali received injuries on the side of Reayat Husain and Abdul Raz-zaq and bis son received injuries on the other side. Reayat Husain bad two traumatic swellings on his bands and an abrasion on one of his fingers. Abdul Majid had nine injuries consisting of two contused wounds, six contusions and an abrasion. Ramzan Ali had nine injuries consisting of contused wounds, a lacerated wound and abrasions. Ramzan AH and Reayat Husain had one grievous injury each. The remaining injuries were simple. Abdul Razzaq appellant had the following injuries : (1) Contused wound 3/4"x 1/4" x scalp deep on the back of head, right side, just above the occipital region. . (2) Abrasion 3-4" x 1/4" adjacent to injury No. 1 On its left side. (3) Traumatic swelling over the whole of the left thumb on its dorsal aspect 2"x 1 1/2". (4) Traumatic swelling 3" x 3 1/2" on the dorsurn of the left hand outer side.
(3.) X-ray revealed that his thumb had been fractured. As regards the appellant's son Nazirud-din, he died as a result of the injuries received by him. His post mortem examination was performed by Dr. R. P. Mathur D. W. 1 and the report of that examination shows that Naziruddin had the following injuries : (1) Contused wound 1 1/2"x 1/2"x bone, vertical 3" above the root of the nose. (2) Contusion 2 1/2" x 1 1/2". anterio posterior, 2 1/2" above the left ear. (3) Abrasion 1/4" x 1/4" back of the left elbow. (4) Abrasion 1/2" x 1/4" vertical, middle of the front of the left leg. (5) Abrasion 1/4" x 1/4" front of the middle of the right leg.;