Ashok Agarwal, J. - An order of conviction under Section 307 of the Indian Penal Code and a sentence of rigorous imprisonment for five years and a fine of Rs. 500/-, in default further rigorous imprisonment for three months is impugned in the present appeal. At the trial, in Sessions Case No. 102 of 1985 of the Court of Assistant Sessions Judge, Thane, the appellant-original accused was charged under Section 307 and in the alternative under Section 326 of the Indian Penal Code for having, on the 27th of September, 1984, at about 12.30 noon, at village Sakroli Taluka Bhiwandi, District Thane, near the house of the accused, assaulted P.W. 1 Mukund Pundalik Shelar on his stomach with a knife. The first informant in respect of the assault was the injured him lf. His First Information Report is at Exhibit-14. The incident in question is said to have been witnessed by P.W. 2 Gopal Shelar and P.W. 3 Manisha, a cousin and sister, respectively, of Mukund. Pending the trial, Manisha was married and after marriage she got renamed as "Wanita Bhoir". After the assault, Mukund was removed to his house and was, thereafter, taken by Baliram a brother of Mukund, and Gopal to the Bhiw