Judgment

Nanavati, J.-The appellant was convicted by the trial court for the offence punishable under Section 326 IPC and sentenced to suffer imprisonment for one month and to pay a fine of Rs. 1000/-. Not satis­fied with the conviction and sentence the appellant filed an appeal along with other convicted accused to the High Court. The State had also filed appeal against the acquittal of all the accused and for enhancement of sentence of appellant. The High Court confirmed the conviction under Section 326 and enhanced the sentence from one month to one year. The appellant has, therefore, approached this Court challenging the order of sentence and also his conviction.

2. What has been proved against the appellant is that he caused an injury with an axe on the head of P.W. 5. The evidence of P.W. 5 has been believed by both the courts and it also stands corroborated by the medical evidence. We find no good reason not to accept the finding recorded by the courts below and confirm the conviction of the appel­lant under Section 326 IPC. The nature of the injury indicates that blow must have been given by A. 1 with great force on the forehead of P.W. 5 as it had caused a fracture. Theref