( 1 ) THIS appeal is directed against the judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge, 2nd Court. Bankura in Session Case No. 2 of December, 1984 (ST. No. 2 of Feb. , 1985 ). The learned Judge by the impugned order sentenced the appellant (Dwijabar alias Dwijapada now deceased) to suffer R. I. for four years and pay a fine of Rs. 200/- i. d. to suffer R. I. for one month more for an offence under section 326 IPC.

( 2 ) THE prosecution case, in short, is that on 27. 6. 83 at about 10. 00 a. m. over some quarrel, the sons of appellant Dwijabar were abusing Amarendra Palit and his sons in filthy language. Tapan S/o Amarendra protested when the appellant and his son, Pradip came out with an iron crow-bar and the appellant threw the spear which struck Tapan at the upper part of his abdomen causing a bleeding injury. Amarendra rushed out of his house and held Dwijabar and detained him till the arrival or police from the local P. S. On the complaint or Smt. Basanti Palit W/o. Sri Amarendra, Onda P. S. case No. 7 dated 27. 6. 83 was started and it culminated in a charge-sheet undersection 326 and 307/34 IPC against the appel