with the result that two of his fingers had to be amputated and a piece of bone had to be extracted from his left thumb.
The police being informed, started investigation and submitted a charge sheet against the appellant who was finally companymitted to the Court of Sessions and tried by the Sessions Judge and a jury.
295 of 1950.
N. Mukherjee, for the appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
30 of 1951.
They had a dispute about a pathway adjoin ing their houses, which led to a tank, and they quarrelled about it on the 11th July, 1949.
Sen, for the respondent.
Two days later, on the lath July, when Kumad Patra was washing his hands at the brink of the village tank, the appellant came from behind and inflicted on him 17 injuries.
The Judgment of the Court was deliv ered by FAZL ALI J. This is an appeal against the judgment of the High Court at Calcutta upholding the order of the Ses sions Judge of Midnapore companyvicting the appellant under section 326 of the Indian Penal Code and sentencing him to 3 years rigorous imprisonment.
The prosecution case against the appellant may be short ly stated as follows The appellant and the injured person, Kurnad Patra, are first companysins, and they live in a village called Andaria, their houses being only 3 or 4 cubits apart from each other.
December 14.
Appeal from the Judgment and Order of the High Court of Calcutta HARRIES C.J. and LAHIRI J. dated 15th June, 1950, in Criminal Appeal No.
71 of 1950 and Revision No.
