HATAN LAL Vs. STATE

JUDGEMENT

(1.) RATAN Lal the applicant before me was convicted by the Sub-Divisional Magistrate, Gangapur under sec. 326 of the Penal Code and sentenced to three months' rigorous imprisonment and a fine of Rs. 200/ -. On appeal to the Additional Sessions Judge, Gangapur the conviction has been altered to one under sec. 324, but the sentence awarded by the trial court has been maintained.

(2.) THE case for the prosecution is that on the 4th of February, 1949, at about 10 A. M. the applicant, along with two others assaulted Ananda and Kalyan with the result that the upper portion of Ananda's left ear was cut out and some injuries were received by Kalyan. THE Learned Magistrate acquitted the two co-accused i. e. Ramnath and Jhumaria but convicted Ratan Lal under sec. 326 and sentenced him as above. THE learned Additional Sessions Judge, however, held that 110 grievous injury was caused and, therefore, altered the conviction to on -under sec. 324 and maintained the sentence. THE applicant Ratanlal has come i 1 revision to this Court.