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 Bhiwandi Municipal Dispensary and, thereafter, to the Civil Hospital, Thane. At the hospital, he was treated by P.W. 7 Dr. Bhimrao Brahmane who issued a medical certificate (Exhibit-25) in respect of the injury sustained by Mukund.

2. At the time of the above incident, P.W. 6 Ragho Bhoir was a Police Sub Inspector attached to the Bhiwandi City Police Station. He received a telephone message from the Bhiwandi Municipal Dispensary in respect of the assault in question. He proceeded to the dispensary and found that Mukund was being treated by a doctor. He found Mukund conscious. He inquired with Mukund and recorded his complaint (Exhibit14). Bhoir, thereafter, sent the complaint to the Ganesh Purl Police Station where P.W. 5 Jagannath Shinde, a Police Sub Inspector attached to that police station received the complaint and registered offence and started investigation. On the next day i.e. on the 28th of September, 1984 Police Sub Inspector Shinde went to the place of offence and drew a Panchanama (Exhibit-7). The said Panchanama recites that the spot was shown by P. W. 3 Manish. On the very day, Subhadrabai, a sister of Mukund, produced the bloodstained clothes of Mukund and the same were attached under Panchanama (Exhibit-8). On 28th of September, 1984, P.S.I. Shinde recorded the statement of P.W. 3 Manisha. On the 30th of September, 1984 he recorded the statement of P.W. 2 Gopal. On 1st of October, 1984 the accused came and voluntarily surrendered at the Police Station. P.S.I. Shinde arrested him. At that time the accused produced a knife (Article 1) and the same was attached under panchanama (Exhibit- 8). On 30th of September, 1984 P.S.I. Shinde recorded a supplementary statement of Mukund. Attached clothes and the knife were sent to the Chemical Analyser. The report of the Chemical Analyser (Exhibit-21) shows that the clothes of Mukund as also the knife were stained with human blood of 'B' Group. The Chemical Analyser's report (Exhibit-22) shows that the Pant (Article 22) and the Banian (Article 23) of Mukund had cut marks which were consistent with the use of sharp edged weapon, such as the knife (Article 1). After completing the investigation, P.S.I. Shinde submitted a charge sheet against the accused.

3. On a perusal of the above evidence, which was adduced before the trial Court, the learned 6th Additional Sessions Judge, Thane was pleased to record the impugned order of conviction and sentence against the accused. The same is impugned in the present appeal.

4. I have, with the assistance of Miss. Anjali Desai, the learned Advocate appearing in support of the appeal and Shri N.M. Kachare, the learned Public Prosecutor, gone through the entire evidence on record. I have heard both the Counsel in support of their respective claims. Miss Desai has submitt