1. - Appellant Babulal was tried before the Addl. Sessions Judge No. 1, Jodhpur on charges under Sections 307 and 326 IPC. The Addl. Sessions Judge by his judgment dated 30-9-/977 while acquitting the appellant of the offence Under Section 326 IPC convicted him of the offence under Section 307 IPC and sentenced him to rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- and in default of payment of fine to undergo rigorous imprisonment for a further period of two months.

2. The case of the prosecution is that Ghanshyamdas (PW 1) has his shop at Sadar market near clock tower at Jodhpur. On 28th May, 1977 at about 10 p.m. Ram Chandra (PW 6), the brother of Ghanshyamdas was standing in front of the shop and Asharam (PW 3), Mevaram (PW 4), Gaffar (PW 5) and Tajkhan (PW 7) who were employees of Ghanshyamdas were also standing outside the shop and were cutting jokes with each other. At that time the appellant passed by and asked the servants as to why they were fighting and when they told the appellant that he was nobody to interfere in their matter, a quarrel took place between the appellant and the servant and appellant gave a slap to Asharam. When Ram