This Revision has been directed against the judgment and order of Sessions Judge, Ghazipur, dated 27-6- 1984 in Criminal Appeal No. 26 of 1984. By that judgment he convicted the appellant under Section 3231. P. C. and sen tenced to suffer R. I. for six months.

2. An Appeal was preferred before the Sessions Judge, Ghazipur, against the con viction and sentence passed by the IVth Munsif Magistrate, Ghazipur, on 30-1-1984 under Section 332 I. P. C. and sentenced to suffer R. I. for one year.

3. The prosecution case, in brief, is that N. L. Vishwakarma, Assistant Engineer of Bridge Construction Unit while on surprise duty on 2-6-1980 in the night at about 10 p. m. found the accused- appellant, a Chaukidar of the said firm, sleeping. Shri Vishwakarma thereupon chastised the ac cused who apologised but on the next morn ing at about 7. 10 a. m. when Sri Vishwakar ma was going to supervise the work was beaten on the way by the accused with a lathi on the allegation that Sri Vishwakarma was trying to take away the service of the ac cused. He suffered injuries. On being at tracted by the alarm raised by him Ishwar Chand Verma came there and intervened and snatched the lathi f