Kuppuswami Ayyar, J.

1. This is a reference by the learned District Magistrate of Malabar with regard to the sentence passed on the accused in C.C. No. 13 of 1943 on the file of the Additional First Class Magistrate of Malabar. The accused was convicted for an offence punishable under Section 326, Indian Penal Code and released under Section 562(1) of the Code of Criminal Procedure on the accused executing a bond for Rs. 100 with two sureties for a like sum. The accused and P.W. 2 were baling out water to irrigate the fields of one Velani with a swing bucket. The rope broke and the bucket went off and struck against the accused. The accused was irritated and thereupon took a chandrahasam which was lying nearby and struck the complainant who got a bleeding injury. The complainant cried and others came and prevented the accused from causing further injuries. The injuries inflicted on P.W.2 resulted in his being in hospital for two months and thus being prevented from attending to his ordinary pursuits. The accused admitted the facts, but stated that he was hit in the face when the bucket was thrown against him by the complainant. He abused P.W. 2 and there was mutual recriminatio