1. This judgment will dispose of Cr. Appeal Nos. 209/88, 510/88 and 802/88. These arise from the judgment dated 1-2-88 of II Addl. Sessions Judge, Damoh whereby accused Mittu who is appellant in Cr.A.No.209/88, was convicted for offence punishable u/s 324 IPC and sentenced to fine of Rs. 3000/-. The second accused Kodu father of Mittu was acquitted. They were tried on the charge of attempt to murder punishable u/s 307/34 IPC for having attempted to murder Gokul. Cr. A. No. 510/88 was filed by the State u/s 377 (1) Cr.P.C. for enhancement of sentence against the accused even if the guilt was restricted to Section 324 IPC in view of 6 incised wounds given by this accused to the victim. The third Appeal i.e. Cr. A. 802/88 has also been filed by the State u/s 378 (1) /378 (3) Cr. P.C. after obtaining leave to file appeal. The leave was granted only in respect of Mittu and was refused in respect of Kodu.

2. The short allegations which were found estableshed by the trial court against Mittu were that on 26-4-87 in village Kishanganj at about 4. p.m. this accused voliuntarily assaulted Gokul with a knife and gave 6 incised wounds on various parts of his body including chest and bac