JUDGMENT ORAL

R.K. Batta, JJ.- The applicant was tried for attempt to commit murder under Section 307 read with Section 34 of the Indian Penal Code, along with two others. The co-accused were acquitted of the charge, but the applicant was held guilty under Section 326 of the Indian Penal Code and was sentenced to R.I. for two years as also fine of Rs. 1.000/-, In default, to suffer R.I. for one month. The appellant filed an appeal before the Sessions Court and the learned Additional Sessions Judge. Washim dismissed the appeal. The appellant challenges the concurrent findings of two courts below by filing this revision.

2. Learned Advocate for the applicant urged before me that even on admitted facts the offend as against the applicant would not fall under Section 326 of the Indian Penal Code but that it would fall under Section 324 of the Indian Penal Code. In support of this submission, it is urged by him that PW3 admits that there was scuffle between the applicant and victim Mushtaq and the injury in question is alleged to have been inflicted during the said scuine. According to the learned Advocate for the applicant, though according to the doctor the injury in question is said