(1.) Om Parkash who was convicted by Shri P. C. Bhatnagar, Magistrate 1st Class Delhi on 31st August, 1967 under sections 326/34 Indian Penal code and sentenced to undergo rigorous imprisonment for one year and whose appeal from his conviction and sentence was dismissed by the learned Additional Sessions Judge on 27th November, 1967, has preferred this revision through Shri M. S. Gandhi, his learned Advocate.
(2.) The circumstances giving rise to this revision are that on the evening of 14th November, 1965, at about 7 P. M. Ved Parkash P. W, 2 and Vishwa Nath were having tea at a tea stall in Ram Nagar. After finishing with their tea, Vishwa Nath went out of the shop and Ved Parkash soon thereafter heard some noise indicative of some alteration. Coming out of the shop, he saw that Kulwant Singh. Chander. Om Parkash and Lachhman were quarrelling with Vishwa Nath. Vishwa Nath picked up a brickbat and hurled it on his opponents, but they evaded the brickbat and did not sustain an injury. They, however, again tried to catch hold of Vishwa Nath, Ved Parkash shouted on them and asked them to go away, otherwise, they would be thrashed. Om Parkash instigated his companions to catch hold of Ved Parkash as well because he was Vishwa Nath's companion. Kulwant Singh alias Tillu thereupon caught hold of Ved Parkash from one side and Lachhman from behind. Both of them had open knives in their hands and they inflicted injuries therewith on Ved Parkash.
(3.) Three prosecution witnesses of course turned hostile and deposed in favour of the accused persons, but Ved Parkash. the injured person, was believed by the learned Magistrate, as also bv the learned Additional Sessions Judge. Upholding the prosecution version, the learned Magistrate held, Om Parkash also guilty under sections 326/34, Indian Penal code, and sentenced him along with the other accused persons to rigorous imprisonment for one year.