( 1 ) WE have heard the learned Addl. SPP on merits, as also, so far as LA-I is concerned. His principal submission is that the weapon used was a deadly weapon, secondly, that the injury was on the head, namely, vital part of the body and thirdly, that the nature of the injury was such, that it could have caused death. The learned counsel also drew our attention to the fact that there is enough evidence on record to indicate that the accused was armed with the deadly weapon. The statements made by him and all other accompanying circumstances would clearly indicate that his intention was to finish off the victim and that consequently, even though the death has not taken place, Section 307, i. P. C. will clearly apply.

( 2 ) WE have very carefully re-examined the facts and the law. We are of the assumption that the allegations against the accused, as held by the learned trial Judge, make out a case for conviction and we have only reviewed the question whether Section 326, i. P. C. has been correctly applied or not. Assuming that the evidence makes out the offence, in our considered view, the Court will have to ultimately go by two factors, one is the nature of the injury