JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The instant appeal is directed against the judgment and order dated 10th June, 2021 passed by the High Court of Bombay in Criminal Appeal No. 136 of 1996 upholding conviction for the offence punishable under Section 326 IPC and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 10,000/- and under Section 357 of Code of Criminal Procedure (Cr.P.C.) of Rupees Two Lakhs as a monetary compensation to the victim.

3. The prosecution case is that on 13th December 1993, at around 5.30 p.m. Subhash Yadavrao Patil (injured victim) was returning to Malegaon from Tembhurni on bicycle. While he was near to the main road, the accused persons arrived there in the tractor and they started pelting stone at him. The stone hit his back and one of the accused gave a blow of Satur on his leg below the left knee. While he started running, he fell down and the present accused appellant gave blow by lethal weapon (sword) on his right leg below the knee and due to the brutal blow, it was almost mutilated and while trying to avoid the blow of sickle, the injured tried to avoid by raising his right hand and the blow hit his right arm below t