Mahavir Singh, J.

1. THIS is a revision by Iqbal Singh against the order of the Addl. Sessions Judge, Gonda, dismissing the appeal against his conviction under Section 324 IPC and sentence for one year's rigorous imprisonment.

2. THE prosecution case was that there was some enmity between the applicant and the victim of the offence Pateshwari resident of village Kanje Mau, police station Colonelganj Gonda. It is said that on 5-3-1974 at about 8 a. m. while Pateshwari was taking a bullockcart, loaded with sugarcane and had hardly gone about two furlongs from his village, the applicant emerged out from a ditch adjoining the path way. The applicant asked him to stop the bullock cart. Pateshwari got down from the bullockcart and raised an alarm. The applicant was armed with a spear and he thrust the spear blow on the back of his right side. On the arrival of the witnesses he ran away. The applicant denied the charge and alleged he was implicated because of enmity.

The Additional Munsif Magistrate found the charge proved and therefore, convicted and sentenced him to one year's rigorous imprisonment. In appeal, the finding of the Munsif Magistrate was upheld by the learned Additi