JUDGMENT :

1. This appeal is filed by the appellant - accused No. 1 praying to set aside the judgment of conviction dated 31.10.2012 and order on sentence dated 02.11.2012 passed in S.C. No. 2/2012 by II Additional District and Sessions Judge, D.K., Mangaluru. Appellant - accused No. 1 has been convicted for offence under Section 326 of IPC and sentenced to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.10,000/- and in default to pay the fine amount, to undergo simple imprisonment for a period of 3 months.

2. Factual matrix of the prosecution case is as under:

The injured Abdul Razak (P.W.2) and Junaid (appellant - accused No. 1) were neighbours and appellant - accused No. 1 - Junaid borrowed Rs.300/- from P.W.2, but, inspite of demanding he had not returned the said amount. That on 24.10.2010 at about 10.30 pm Abdul Razak met accused No. 1 near Budoli junction and at that time P.W.2 asked appellant - accused No. 1 to return the money. Appellant - accused No. 1 told him that he will not return the money and went to a mutton shop and brought knife (kathi) and tried to give blow on his neck and P.W.2 brought his left hand to protect himself and sustained inju