Simple injury is not attempt to murder.

This appeal has been preferred against the Judgment in S.C.195 of 2000 on the file of II Additional Assistant Sessions Judge, Gobichettipalayam.

2. According to the prosecution, on 6. 2000 at about 7.30 p.m., due to previous enmity, the accused had assaulted the victim P.W.2, with a suri knife on the left side of the lower abdomen resulting grievous injury. The accused has been charged under Section 307 of IPC.

3. The case was taken on file by the learned Judicial Magistrate,No.1, Gobichettipalayam , on appearance of the accused on summons had furnished copies under Section 207 of Cr.P.C. and since the offence is triable by the Court of Sessions had committed the case to the Sessions Judge under Section 209 of Cr.P.C. The learned Sessions Judge on appearance of the accused had framed charges under Section 307 of Cr.P.C. and when questioned, the accused pleaded not guilty.

4. Before the trial Court, P.Ws 1 to 10 were examined. Exs P1 to P 23 were exhibited and , M.Os 1 and 2 were marked.

5. P.W.1 is the brother of the injured. He is also an eye witness to the occurrence. According to P.W.1, the accused is a neighbour and the injured is his brother. On 6. 2000 at about 12.00 noon, the accuseds sister Nagammal was conducting a chit in which Maranaicker was a subscriber and that the said Maranaicker demanded Nagammal to pay his priced chit amount and in this connection there arose a quarrel between Maranaicker and Mahadevan, the brother of Nagammal, who has made an attempt to assault Maranaicker. When his brother had intervened to prevent the accused from stabbing Maranaicker, the accused took out a suri knife from his waist and stabbed on the lower abdomen of the victim and has also criminally intimidated him, after he had intervened in the matter and immediately he took his brother P.W.2 to the Government Hospital, Gobichettipalayam from where he was referred to the Government Hospital, Erode after giving first aid for further treatment and that the police came to the Government Hospital, Erode and obtained a complaint Ex P.1 from his brother.

5a. P.W.2 is the victim, who would also corroborate the evidence of P.W.1 to the effect that there was an enmity prevailing between Maranaicker and the accuseds sister Nagammal in connection with a chit transaction in which Maranaicker was a subscriber of the chit and that on 6. 2000 at about 8.00p.m., in front of Chinnasamys sheep pen, the accused, his sister Nagammal, and Maranaicker and his wife were quarrelling with each other in connection with the chit amount due to Maranaicker and that he and his brother intervened and tried to pacify them and that the accused had criminally intimidated Maranaicker and he has also threatened to kill him, if he insists his sister Nagammal to pay the priced chit amount and when he intervened requesting both the parties to go away from the place of occurrence, the accused got infuriated and took out a suri knife and stabbed him on the left side of the lower abdomen resulting his intestine protruding out. Thereafter, his brother took him to the Government Hospital, Gobichettipalayam where after giving first aid, he was referred to the Government Hospital, Erode for further treatment and that he was admitted in the Government Hospital, Erode as an inpatient where he underwent surgery.

5b. P.W.3 is an independent ocular witness to the occurrence. She is also a resident of Thottipalayam. She knows about the accused as well as the victim. She is also a subscriber in the chit conducted by the accuseds sister Nagammal. According to her, Nagammal owes Rs 2,500/- to her in the chit transactions. She has also complained that when she made a request to Nagammal to repay the chit amount, the accused, who is none other than the brother of Nagammal made an attempt to assault her. P.W.3 is the wife of Maranaicker. According to her, on the date of occurrence, at the time of occurrence, when her husband Maranaicker has made a request to Nagammal to repay