1. - This appeal is directed against the judgment dated 31.7.82 passed by learned Sessions Judge, Alwar whereby the appellant was found guilty under section 326 IPC and has been sentenced to three years R.I. and a fine of Rs. 300/-; on default of payment of fine to further undergo three months S.I.

2. Brief facts giving rise to this appeal are that Shri Ramkaran lodged a report on 16.2.82 at 7.30 P.M. at police station Laxrnangarh stating therein that on 15.2.82 Girraj was coming from Jungle. At that time he saw the son and grand son of Amra Gujar grazzing their sheeps and goats in his field at about 3.00 P.M. The present appellant was having a Tancha (small axe). Other two co-accused were having lathies, Some hot words were exchanged between Girraj and accused persons. The appellant inflicted a blow by a 'Tancha' on fore-head of Girraj causing injury on his fore-head. The two other persons inflicted lathi blows. Devi Sahai and Kishore are said to be the eye witnesses of the occurrence, who in,formed Ram Karan. Ram Karan thereafter reached :he side and found Girraj in unconscious state on the boundary wall of his field. Ram Karan brought Girraj in to his village and was tak