1. This Criminal Appeal has been preferred against the judgment dated 18.02.2008, made in S.C.No.142 of 2007, passed by the learned Principal District and Sessions Judge, Pudukottai.

2. The appellant herein is the sole accused in S.C.No.142 of 2007, on the file of the learned Principal District and Sessions Judge, Pudukottai. The appellant has been charged for the offence under Section 307 IPC. The learned Principal District and Sessions Judge convicted him for the offence under Section 326 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.1,500/-, and in default to pay the fine amount to undergo simple imprisonment for three months.

3. The case of the prosecution is that, Thiru.Kalimuthu, [P.W.1] and the accused are residents of the Kamarajar Nagar, Avudaiyarkoil. There was an enmity between P.W.1 and the accused with regard to putting up of a hut in the place belonging to P.W.1 and on 19.04.2007, at about 08:45 p.m., when P.W.1 was going back home after his work, the accused hit him by means of an Aruval on his head. When P.W.1 prevented the accused, he got injured on his left palm.

4. According to the prosecution,