MAHESH CHANDRA SHARMA,J. - (1.) This appeal has been filed by the appellant against the judgment dated 28.6.1989 passed by Additional Sessions Judge, Baran in Criminal Case No. 33/1987, whereby the learned trial Court convicted the accused appellant for the offence under Section 326 I.P.C. and sentenced to undergo 4 years' R.I. with fine of Rs. 200/-; in default of payment of fine, to further undergo 1 month's simple imprisonment.
(2.) Brief facts of the case are as under : "On the basis of Parcha Bayan of injured Satvender Singh Sikh, on 23.12.1986 an F.I.R. No. 69/1988 was registered at Police Station, Bhanwargarh against the accused appellant for the offence under Section 307 I.P.C. After investigation, the police submitted a challan against the accused appellant before the Court concerned for the offence under Section 307 I.P.C., who committed the case for trial before the trial Court. The trial Court framed charges against the accused appellant for the offence under Section 307 I.P.C., who denied for the same and claimed for trial. Thereafter the prosecution has submitted the witnesses and produced some documents. The statement of accused appellant was recorded under Section 313 Cr.P.C. After hearing both the sides, the learned trial Court has convicted the accused appellant for the offence under Section 326 I.P.C.. instead of Section 307 I.P.C., vide judgment dated 28.6.1989, as indicated above."
(3.) Against the said judgment dated 28.6.1989, this appeal has been preferred by the accused appellant.;