1. On 2nd February 1968 at about 3 p. m. a youngster, by name Sivaprasad, knifed his first cousin Sathyavritha, the venue of the attack being the market place at Vilabhagom in Vettur Village. The stab on the chest ran the blade into the pleural cavity and Sathyavrithan's survival was fortuitous and fortunate. This criminal episode gave rise to a prosecution under S.307 of the Indian Penal Code against Sivaprasad and his brother who had also participated in the attack but did not live to face the trial, having died earlier. The trial Court convicted the accused not under S.307 but under S.326 IPC. & sentenced him to rigorous imprisonment for two years and to a fine of Rs. 300/-out of which Rs. 200/-wereto be paid to the wounded Sathyavrithan (Pw. 2) under S.545 (1) (b) of the Code of Criminal Procedure. The accused, aggrieved by the conviction and sentence, has appealed against both and a notice has been issued to him under S.439, Criminal Procedure Code, to show cause why the sentence should not be enhanced.

2. I will briefly set out the salient facts. Sathyavrithan (P. W. 2) and Sivaprasad (the accused) have an uncle Vasudevan who is now making good in Singapore Before