( 1 ) THIS is an application making a grievance about the conviction and sentence for the offence punishable under sec. 333 of the Indian Penal Code. The facts of the case are that complainant Suraji Pragji was serving as a conductor in Gujarat State Road Transport Corporation on 25 in the bus going to Deesa. He took some passengers at the bus-stand named Kuda Vasan. Among them was present petitioner-accused Rabari Varva Jesang. He took the ticket from Kuda Vasan to Agathala. The bus fare was Re. 1/ -. The petitioner-accused gave a currency note of Rs. 10. 00. The Complainant deducted Re. 1/- and gave the remaining amount in the form of one currency note of Rs. 5. 00 and two currency notes of Rs. 2. 00 each. Among those currency notes of Rs. 2. 00 each one was spoiled and therefore the accused requested the complainant to change it. The complainant told the accused that he would give him at the time when he gets down at Agathala. When the bus came to Agathala Bus Stand there was hot exchange of words between the accused and the complainant and in that the accused brought out a shoe and attempted to give a blow with it to the complainant. The complainant raised his