ORDER

1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, prayed that the appeal may kindly be allowed and the appellant be acquitted and the sentence passed against the appellant be set aside. In the alternative it is also prayed that if the Hon'ble Court finds the appellant guilty of the offence, then the case does not travel beyond Section 308 IPC and in that condition the appellant may kindly be granted benefit of probation of Offenders Act."

2. The matter pertains to an incident which occurred in the year 1992 and the present appeal is pending since 1994.

3. This Criminal Appeal has been preferred against the impugned judgment dated 29.07.1994 passed by learned Additional Sessions Judge No.1, Chittorgarh in Sessions Case No.23/93 whereby the appellant was convicted for the offence under Section 307 IPC and sentenced to undergo two years' R.I. with a fine of Rs.500/-, in default of fine, to further undergo three months R.I.

4. Counsel for the appellant submits that its a case of solitary injury. There was no intention to cause murder or fatal injury. No blood-stains were found on the knife nor at the place of oc