Bhandari, J.—This is an appeal on behalf of Parma appellant who has been convicted by the Additional Sessions Judge Gangapur under sec. 326 of the Indian Penal Code and sentenced to two years rigorous imprisonment and to pay a fine of Rs. 100/- and in default to undergo three months further rigorous imprisonment.

2. The facts giving rise to this appeal are very simple. In the village Maunch, there is a house of Muril Mahajan with a shop underneath it and in front of the shop there is a Chabootra. On the 25th of October, 1952,at about 8 P.M.several persons were sitting on that chabootra and were settling the rate of chillies which Fakira P.W. 4 had come to purchase from Karauli. Ratanlal, P. W. 1, was also sitting on the chabootra and on his back the appellant was standing. It is alleged by the prosecution that the appellant aimed a blow of the sword, which he carried wrapped in a dhoti, on the neck of Ratanlal, but the blow struck Ratanlal on his right shoulder. This blow of the sword caused two injuries detailed below—

(1) One incised wound 4" X 1/2"X 1-1/2" on the top of the right shoulder.

(2) Cutting of the acromion process of the right scapula, the bone being cut through 1/6"X 1/

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