1. On the allegation that the petitioner assaulted the victim with a chopper causing him an injury on the left side of the neck and another injury on the left shoulder and fracture of the left fibula he was prosecuted for the offences under Sections 308 and 326 of the Indian Penal Code. The trial court found him not guilty of the offence under Section 308 IPC, but, convicted of the offence under Section 326 IPC. For the offence under Section 326 IPC, he was sentenced to undergo rigorous imprisonment for three years. The appeal filed by him was dismissed by the learned Sessions Judge. The order of conviction and the sentence are challenged in this revision.

2. Heard the learned senior counsel appearing for the petitioner and the learned Public Prosecutor.

3. It is not in dispute that the victim (PW1) sustained the following injuries;

(i) Incised wound on the left side of the neck. It was 5 cm long and skin deep.

(ii) Incised wound over the left shoulder. It was 3 cm long and skin deep.

(iii) Incised bleeding wound in the outer aspect of the middle 1/3rd of the left leg. It was 10 x 8 cm long and bone deep. It cut the fibula and the muscle.

There is also no dispute that the petit