Bhandari, J. - (1.) This is an appeal on behalf of Perma appellant who has been convicted by the Additional Sessions Judge, Gangapur under Section 326, I. p. C. and sentenced to two years' rigorous imprisonment and to pay a fine of Rs. 100/- and in default to undergo three months' further rigorous imprisonment.
(2.) The facts giving rise to this appeal are very simple. In the village Maunch, there is a house Murli Mahajan with a shop underneath it and in front of the shop there is a chabootra, On 25-10-1952 at about 8 P. M. several persons were sitting on that Chabootra and were settling the rate of chillies which Pakira P. W. 4 had come to purchase from Karauli. Ratanlal P. W. 1 was also sitting on the chabootra and on his back the appellant was standing. It is alleged by the prosecution that the appellant aimed a blow of the sword which he carried wrapped in a Dhoti, on the neck of Ratanlal. but the blow struck Ratanlal on his right shoulder. This blow of the sword caused two injuries detailed below: 1. One incised wound 4" x 1 1/2" x 1 1/2" on the top of the right shoulder. 2. Cutting of the acromion process of the right scapula, the bone being cut through 1/6" x 1/3". The blow of the sword which struck Rattanlal on his shoulder had penetrated several layers of the dhoti Ex. P-4 which he had on his shoulder and had also cut through the shirt Ex. 3. It is further alleged by the prosecution that after inflicting the blow Parma said that he had cut Ratanlal and all those who are his kith and kin should run away. Thereafter he ran away with his naked sword in his hand leaving behind the sheath Ex. 2 of the sword. A report of this incident was lodged at the Police Station Karauli at about 8 A. M. on. 26-10-1952. Parma appellant is also said to have produced the sword Ex. 1 before the Sub-Inspector in charge of Police Station Karauli at about 10-15-A.M.
(3.) The appellant was arrested and was challaned before the Sub Divisional Magistrate, Karauli and the Sub Divisional Magistrate. Karauli committed the appellant to the court of the Additional Sessions Judge, Gangapur to stand his trial for the offence under Section 307, I. P. C.;