1. - This is an appeal against the judgment of the learned Sessions Judge, Jalore dated 23-11-1978 whereby the learned lower court has held the accused-appellant Mishriya guilty of the offences under Sections 307 and 326 IPC and has sentenced him to undergo four years' rigorous imprisonment together with a fine of Rs. 1,000/- and in default, to further undergo 6 months' rigorous imprisonment each under sections 307 and 326 IPC. Both the substantive sentences awarded under sections 307 and 32i IPC were ordered to run concurrently. However, the accused Tariya was acquitted of the offences under sections 307/34 and 326/34 IPC.

2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 18-1-1978, in the morning, complainant Bharta and Dharma were going from their village to their field. One Bhomla was proceeding ahead them. He was also going to his own field. It is alleged that when Bhomla passed by the well of Himmatsingh, accused Mishriya armed with an axe and accused Tariya armed with a lathi came from behind and accused Tariya inflicted a lathi blow on the body of Bhomla, by which, he turned round and at that point of time, accused Mish