Both Sushil Chand and the appellant Sarju Prasad were companyvicted by the Second Assistant Sessions Judge, Arrah under Section 324 and Section 307, I. P. C. and in respect of the latter offence sentenced to rigorous imprisonment for 7, years and to a fine.
The companyrts below have also found that the appellant Sarju Prasad who also participated in the incident inflicted similar injuries on Shankar Prasad with similar intention.
Surju Prasad has companye up to this Court by special leave.
It has been found by the companyrts below that on February 23, 1961 Madan Mohan Sinha P. W. 1 and Shankar Prasad Shrivastava P. W. 3 were attacked while they were passing through the Dharman Chowk at 1 30 P.M. by Sushil Chand Jain with a chhura as a result of which Madan Mohan and Shankar Prasad sustained grievous hurts and that these injuries were inflicted upon them by Sushil Chand with such intention or knowledge and under such circumstances that if they had resulted in death the offence would fall under Section 307, Indian Penal Code.
R. Mudholkar, J. While granting special leave in this appeal from a judgment of the Patna High Court this Court restricted it only to one question and that is whether the act of the appellant amounts to an offence under Section 307, Indian Penal Code.
Their appeals against the companyviction and sentences were dismissed by the High Court of Patna.
