O R D E R

Revision Petitioner stands convicted by the Trial Court for the offence punishable under Section 326 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs. 5,000/-. His appeal was dismissed by learned Sessions Judge. Hence, this Revision.

2. Learned counsel for Revision Petitioner submitted that the prosecution has not placed before court the truth as to how the incident originated, developed and culminated. He submitted that though independent evidence was available, prosecution has handpicked only PW2 who is none other than the nephew of defacto complainant. Learned counsel submitted that evidence of PWs. 1 and 2 is not reliable.

3. Case is that on 7.6.92 at about 7.30 p.m on the public road near the house of PW3, sister of the defacto complainant, Revision Petitioner assaulted PW1 with MO1, iron rod. Evidence of PWs. 6 and 7 and Exts. P3 and P4 show that PW1 was admitted in the hospital on 7.6.92 at about 8.45 p.m with lacerated wound above left eye brow, abrasion on right shoulder and an undisplaced fracture of upper end of left Tibia. PW1 gave evidence regarding the alleged incident and identified MO1,