JUDGMENT :

Shiva Kirti Singh, J.

By the judgment and order under appeal dated 19.10.2015 the High Court of Punjab & Haryana at Chandigarh dismissed criminal appeal bearing No.CRA S 1003 - SB of 2002 and confirmed the conviction of appellant under Section 307 of the IPC by the Additional Sessions Judge, Adhoc, Patiala for which appellant has been ordered to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 2000/-.

2. The limited issue strenuously canvassed before us in this appeal is to the effect that appellant should have been convicted under Section 324 or 326 and not under Section 307 of the IPC and ought to have been inflicted with a lesser punishment.

3. Keeping in view the aforesaid issue and the submissions, a close analysis of the prosecution case reveals that the appellant along with other six named accused and 3-4 unknown persons allegedly first assaulted one Rakesh Kumar. The specific allegation against the appellant is that he was armed with a sword and he gave a blow which hit Rakesh Kumar on his head. The companions of Rakesh Kumar, namely complainant Ramesh Kumar and one Sanjay ran away on their scooter but they were stopped at some distance by