JUDGMENT : – This appeal has been preferred by the appellant under section 374 of the Criminal Procedure Code, 1973 (in short “Cr.P.C.”) against the impugned judgment dated 26-5-1999 passed by the Addl. Sessions Judge, Sonkatch, District Dewas in S.T. No. 57/98, whereby the appellant has been convicted under section 326 of Indian Penal Code (in short “IPC”) and sentenced to undergo 3 years R.I. and fine of Rs. 1,000/- with default stipulation of 6 month’s S. I.

2. Brief facts of the case are that on 11-12-1997 at about 12.45 p.m. when complainant Vinod Solanki (PW-1) was reading banner in front of his shop, at that time from the backside present appellant came there armed with sword and with intention to kill him, he gave a blow of sword over his head, due to which complainant Vinod sustained injuries over his head. Appellant gave second blow of sword to the complainant and in order to save himself, complainant caught hold the sword, due to which he sustained several injuries over his fingers. Thereafter appellant gave two more blows of sword over his hand and back. The incident was witnessed by Prakash, Jaisingh, Ratanlal and Poonamchandra. There was old enmity between complainant