1. - This appeal is directed against the judgment dated 25th May, 1981, of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence Under Section 326 IPC to one year's rigorous imprisonment and a fine of Rs. 100/-, in default of paymant of fine to two months simple imprisonment and Under Section 456 IPC, six months' rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to one month's simple imprisonment. Both the sentences have been ordered to run concurrently. The accused has already served out the sentence. He was arrested on December 24, 1980 and remained in custody during the trial and even after conviction.

2. The case relates to the incident, which took place on the night intervening 22nd and 23rd December, 1980 at the house of Smt. Chunni.

3. The prosecution story, in brief, was that Smt. Chunni was sleeping in a Jhumpa when the accused came there with an axe in his hand. The shutters were closed from inside but the accused broke open the shutters and entered the Jhumpa. Smt. Chunni ran outside the Jhumpa but the accused chased her and caused a number of injuries on her body by the axe. The injuries of Smt. Chunni were