JUDGMENT 1. - This appeal is directed against the judgment dated 27.5.1982 passed by the learned Sessions Judge, Churu, whereby the learned Judge convicted appellant No. 1 Bhagwana Ram for the offence under Section 326 IPC and sentenced him to two and half years rigorous imprisonment. Appellants No. 2 and 3 have been convicted under Section 323 IPC and sentenced to four months' rigorous imprisonment. 2. The prosecution case is that on 19.8.1979, Keshra Ram lodged an F.I.R. at Police Station Sardar Shahar stating inter-alia that there was a dispute among Bhagwana, Salia and them with respect to partition of the field. On the last night, his brother Mamchand had asked Bhagwana Ram and others to sort out the dispute, on which they said that they would discuss the matter next day. On the date of incident at about 12 noon, when his brother Mamchand came near the shop of Mohan and was proceeding towards the house in front of the house of accused Sajan Ram, accused Bhagwana Ram. Salia, Sajan, Mala Ram, Lichhma and Chunni, who were armed with 'Barchhi', 'Kassiya' and lathies, arrived there with a common intention to assault them. Bhagwana Ram gave a 'Barchhi' blow on his head on account of which he sustained injury on the ear. The other accused persons also inflicted injuries to him as well as to Mamchand. On this, police registered a case for the offences under section 307, 147, 148, 149, 326 and 341 IPC. After usual investigation, the police filed a chalian against five accused persons viz, Bhagwana Ram, Sajjan Ram, Salia Ram, Mst. Lichhma and Mst. Chunni. 3. During trial, the prosecution examined eight witnesses in support of its case. In their statements under Section 313 Cr.P.C., the accused persons pleaded that they are relatives and on account of the dispute, they have been falsely implicate. The trial court held that the prosecution has failed to establish that all the accused persons had assembled with a common object to assault the injured persons. In view of this, all the accused persons were acquitted of the offence under Section 149 IPC. The trial court convicted all the three appellants as stated above. 4. The learned trial Judge convicted appellant No. 1 Bhagwana Ram for the offence under section 326 IPC for the reason that he caused grievous injury with a sharp edged weapon. 5. In view of this, all the accused persons were acquitted of the offence under Section 149 IPC. The trial court convicted all the three appellants as stated above. 4. The learned trial Judge convicted appellant No. 1 Bhagwana Ram for the offence under section 326 IPC for the reason that he caused grievous injury with a sharp edged weapon. 5. I have gone through the evidence produced by the prosecution. PW. 8 Dr. Kanwar Lal Bathi examined Keshra Ram on 19.8.79 and prepared the injury report Ex.R 16. He noticed the following injuries : "1. A wound in longitudinal direction in the left parietal region of the scalp 4"x0.5" depth upto galia aponeurolica having sharp margins with tapering ends on both the edges, having fresh bleeding, oozing was there from the wound margins, 2. Part of the left ear was cut from its lateral margins of the pinna, which was missing & fresh bleeding on touch was there, 3. Multiple abrasions of irregular size & shape on the left chest wall 4" below the left nipple." 6. The injury No. 2 is grievous in nature caused by sharp edged weapon. This injury, whereby the part of the ear has been cut, has been attributed to appellant No. 1 Bhagwana Ram. As to whether this injury has been rightly attributed to Bhagwana Ram, I have read the statement of injured Keshra Ram, the relevant part of his statement is extracted as follows : " cNhZ dh Hkxokukjke us esjh ck;ha ilyh ij ekjh] ckfd;ksa us ykBh o M.Mksa ls ekjihV fd;kA esjh Vkax ij o xksM+ks ij xnZu ds ikl eqag ij yxh ftlls esjk dku dVk gqvk gSA pksVksa ls esjs dku ls] lj ls] Vkaxksa ls [kwu fudyus yxkA " 7. A reading of the aforesaid statement clearly shows that he has only stated that Bhagwana Ram caused an injury by 'Barchhi' on the left ribs. He further stated that rest of the accused persons gave him beating by lathies on account of which he sustained injuries on the legs, knees, neck and also his ear was cut. It view of the statement, the finding of the learned Judge that the ear of Keshra Ram was cut on account of injury caused by Bhagwana Ram is clearly based on misreading of evidence. It view of the statement, the finding of the learned Judge that the ear of Keshra Ram was cut on account of injury caused by Bhagwana Ram is clearly based on misreading of evidence. Thus in my view, the conviction of the appellant No. 1 cannot be sustained under Section 326 IPC. So far as other accused persons are concerned, there is a consistent evidence that they caused injuries to Keshra Ram and Mamchand. The injury reports Ex.R 16 and 17 show that the injuries are simple in nature caused by blunt object and, as such, appellants No. 2 and 3 have rightly been convicted for the offence under Section 323 IPC. The appellant No. 1's conviction under section 326 IPC deserves to be converted to Section 323 IPC. 8. In view of the aforesaid, this appeal is partly allowed and the appellant No. 1 Bhagwana Ram's conviction is converted from Section 326 IPC to Section 323 IPC and he is acquitted of the offence under section 326 IPC. The conviction of the appellants No. 2 and 3 for the offence under section 323 IPC is maintained. The sentence of all the three appellants is reduced to the period already undergone.Appeal Partly Allowed As Above. *******