1. - This appeal has been filed against the judgment of the learned Sessions Judge, Merta dated February 3, 1979 by which he has convicted the accused-appellant under Section 326, I.P.C. and sentenced him to undergo rigorous imprisonment for 11/2 years and to pay a fine of Rs.500/- and in default to undergo rigorous imprisonment for three months. The facts of the case giving rise to this appeal may be summarised thus.

2. In the morning of November 10, 1977, a quarrel took place in between the accused-appellant and co-accused Khetaram on the one hand and the injured Malaram, in xegar Mohalla. Kuchamrn City. The accused-appellant inflicted a blow with his rapit on the obdomen of the injured Malaram PW. 1. On his statement Ex. P. 1 FIR Ex. P. 20 was registered under sections 326 and 307, IPC against the accused-persons. After investigation, challan was filed against both of them. Charges under Section 307 read with Section 34, IPC and in the alternative Section 326 read with Section 34 and in the alternative Sections 307 and 326 read with Sec., 09, IPC were framed against the co-accused Khetaram and under Section 307, IPC and in th3 alternative Sec 326, IPC was framed against