ORDER
Curgenven, J.
1. On the finding that all the accused joined in inflicting the injuries upon P.W. No. 1, and that grievous hurt to him was caused in furtherance of the common intention of all, the learned Sessions Judge was right in applying Section 34, Indian Penal Code and finding all guilty under Section 325, Indian Penal Code. I do not think, however, that upon this footing the conviction of the 1st accused under Section 326, Indian Penal Code can be sustained, because the evidence shows that be caused only injury No. (1) which was not in itself grievous hurt was the result of the aggregate of 26 injuries, and it cannot be said, therefore, in the terms of Section 326, Indian Penal Code, that it was caused “by means of any instrument for shooting, stabbing or cutting, etc.”
2. Accordingly I alter the conviction of 1st accused under Section 326, Indian Penal Code, into one under Section 325, Indian Penal Code. It is also pointed out that, when altering his conviction under Section 324, Indian Penal Code, to one under Section 323, Indian Penal Code, in respect of P. W. No. 5’s injury the learned Sessions Judge did not reduce the sentence. In view of these two alterations I now reduce the sentence of one year’s rigorous imprisonment imposed on 1st accused to one of nine months rigorous imprisonment. The comical revision petition is in other respects dismissed.
