The convict-petitioner (hereinafter called 'accused') through this revision petition challenges judgment dated 4.7.1989 delivered by the Fourth Additional Sessions Judge, Dhar, confirming judgment dated 27.2.1988, delivered by Judicial Magistrate, First Class Dhar, convicting the accused under sections 326 and 323 IPC, and sentencing respectively to one year R.I. and fine of Rs. 500/-, in default one month S.I. on the first count and one month R.I. on the second count; sentences to run consecutively.

Prosecution story is that on 1.10.1982, at village Umariya Darji Bujarj at 2 p.m. complainant Narayan (PW 1) with his son Shrikishan was working in their fields. Due to previous land dispute accused came to the place and dealt stick blows to Narayan, fell him down and bit to part of his nostrils, separating portion of the same from nose. On Shrikishan's intervening, accused dealt him a lathi below. FIR being lodged on the same day at 7.30 p.m., after usual investigation challan was put up against the accused.

At the hearing Shri Ramesh Garg, for the accused-petitioner and Shri G. Desai, Deputy Government Advocate, were heard and record perused.

The contention o