1. This appeal has been preferred by the appellant being aggrieved by the judgment dated 11.12.1996 passed by the Court of Smt. Saroj Mahendra Jain, 2ndA.SJ. Shajapur in S.T. No. 24/96 by which the appellant has been convicted under S. 324 of the IPC with RI for 3 years and fine of Rs. 300/-.

2. According to prosecution case on 31.10.95 complainant Durgaprasad was going with the his one year old son Kamal by cycle to his village Kulkheda from Sarangpur. At about 5.00 pm. in the way Dinesh came from the front side and did not give him way. Hence he passed his cycle from his side then Dinesh abused him saying that how he drives the cycle. On protest Dinesh took out knife from his pocket and assaulted on the right side of the chest which caused him bleeding injury. Accused said that today he will kill him and he assaulted second time by knife which caused bleeding injury on his right cheek. Then complainant ran towards the village and in formed neighbours Mangilal, Prabhulal. Ramchandra, Vijaysingh about the incident and they lodged the report Ex. P.I in the police Station Sarangpur, Dist. Rajgarh. Challan was filed under S. 307 of the IPC. After trial the appellant has been c