M.T. Joshi, J.

1. Heard both sides. Aggrieved by the conviction for the offence punishable under section326 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for one month, the present appeal is preferred by the original accused.

2. In fact, the appellant was tried for the offence punishable under section 307 of the Indian Penal Code and section 4/25 of the Indian Arms Act. He was acquitted of those offences and convicted for the offence, as detailed supra.

3. The prosecution case, in short is as under:-

"That P.W. 1 Babusing S/o. Joravarsingh Basriwale resident of Nanded had visited Gurudwara at Nanded for worship on 12/10/2008 in the morning at about 10.30 am. While he was returning back to his house, at the Gurudwara gate No. 1, the present appellant was seen brandishing a sword under the influence of liquor. He suddenly without any talk, gave a blow of sword on the person of the complainant. Due to said blow, the little and ring finger of the right hand of the complainant was cut. The complainant became afraid and sat on the ground. One of his friend took him on m