Judgment B.N.P.Singh, J. 1. Though the appellant suffered conviction under sections 324, 326 and 307 of the Indian Penal Code (IPC) for an occurrence which allegedly occurred on 31st December, 1994, he was sentenced only on the last count for a term of ten years and also to pay a fine of Rs. 5000/-, in default of which, he was to undergo further rigorous imprisonment for a term of one year. 2. Though facts of the case have been fairly spelt out in the judgment of the trial court, a brief resume of them would be made with brevity, to appreciate contentions raised on behalf of the appellant. At about 4 p.m. on 31st December, 1994, while Hafiz Iftekhar Ahmad was in the field, where manure was being sprayed, he noticed a she-goat of Md. Sahid, damaging the crop. He caught hold of the animal and tied in the field with a rope, shortly after which, appellant came and took him to task for taking the she-goat in custody. It was alleged that shortly thereafter wife of Sahid too happened to come there. The appellant then allegedly asked wife of Sahid to release she-goat and when Hafiz Iftekhar Ahmad registered protest, appellant dealt successive blows on his person when he dropped injured in the field. He was taken to hospital for medical assistance where his fardbeyan was recorded at 15 hours on 1st January, 1995. As usual investigation commenced and in course of collecting evidence, the Investigating Officer recorded statement of witnesses, visited place of occurrence, got the injured clinically examined by the doctor, and on conclusion of investigation, laid charge sheet before the Court. At trial, the State examined five witnesses who are injured, doctor, Police Officer and also those who claimed to be ocular witnesses to the incident. 3. Defence of the appellant both before the Court below and this Court has been plea of innocence and he ascribed false implication due to institution of Belsand P.S.Case No. 32 of 1995 by Maiful Khatoon, wife of Md. Sahid, against the informant. The defence too examined Maiful Khatoon in his defence. However, trial court on meticulously appreciating the probative value of testimony of witnesses examined at trial, while rejecting plea of innocence of the appellant, though finding the appellant guilty under sections 324, 326 and 307 IPC, sentenced him only on last count in the manner stated above. 4. The defence too examined Maiful Khatoon in his defence. However, trial court on meticulously appreciating the probative value of testimony of witnesses examined at trial, while rejecting plea of innocence of the appellant, though finding the appellant guilty under sections 324, 326 and 307 IPC, sentenced him only on last count in the manner stated above. 4. Reiterating his earliest version, Hafiz Iftekhar Ahmad (P.W. 1), who happens to be maker of the fardbeyan, states, that at about 4 p.m. on 31st December, 1994, while he was spraying manure in the field with the aid of tractor, he noticed shegoat of Md. Sahid damaging crop and after he took she-goat in his custody, appellant came and took him to task. Shortly thereafter, wife of Sahid too happened to come there who on exhortation made by the appellant wanted to take custody of the she-goat and when he made resistance, the appellant dealt three successive blows with his kinfe on his back, nose and thumb, and he dropped unconscious. He was treated in the hospital when his fardbeyan was recorded by Police Officer, and narrations in similar terms and veins were made also by Md. Yusuf and Abdul Sattar (P.W.3) who too while working in the adjacent field noticed appellant dealing successive blows on the injured with a knife. 5. The positive findings recorded by Dr. B. N. Tiwary (P.W. 4) also can be taken notice of who recorded his finding in the following terms : (i) Incised wound 1" x 1/2" x 1/2" oval in shape. Edges are clean cut. Bleeding present on back. (ii) Penetrating wound 1" x 1/2" x 3" oval in shape. Edges are clean cut. Crepitus of air present around the surface of the wound present on the back. (iii) Incised wound 3/4" x 1/2" x 1/2" oval in shape. Edges are clean cut. Bleeding present on back. Injuries nos. (i) and (iii) in estimation of the doctor were simple, and as for injury no. (ii), the doctor was of the opinion that it was dangerous in nature. All the injuries had been caused by sharp cutting weapon such as knife. 6 The Police Officer who recorded fardbeyan of the injured, however, did not notice signs of violence at the place of occurrence, to which my attention has also been drawn by the learned counsel for the appellant, appearing as amicus curiae. 7. All the injuries had been caused by sharp cutting weapon such as knife. 6 The Police Officer who recorded fardbeyan of the injured, however, did not notice signs of violence at the place of occurrence, to which my attention has also been drawn by the learned counsel for the appellant, appearing as amicus curiae. 7. Primarily, two-fold contentions were raised on behalf of the appellant and it is contended that though the witnesses including injured were quite emphatic in assertions made by them at trial about the injured sustaining injuries not only on the back but also on nose and thumb, no such positive finding was recorded by the doctor who examined him and that apart though the trial court too had also taken notice of the observation made by the Investigating Officer about noticing injuries on the nose and thumb, no such finding was recorded by the doctor who examined the injured about there being injuries also on the thumb or nose. But I am of the view that for that reason alone, it cannot be legitimately argued that the finding recorded by the doctor runs counter to the ocular testimony of the witnesses, as finding recorded by the doctor was quite in conformity with the assertions made by witnesses about injured having sustained injuries on the back, and, to me, it appears that since injuries noticed on back appeared to be prominent to the doctor, such finding was recorded by him in the injury report. Be that as it may, in view of ocular testimony of the witnesses and the positive findings recorded by the doctor, the factum of injured sustaining injuries by the appellant cannot be seriously disputed. 8. Though the appellant sought to counter allegations attributed to him in view of institution of a police case against the informant by wife of Md. Sahid, the trial court has nicely dealt with this aspect of the matter in its judgment. The defence of the appellant can be well countenanced, as for Exhibit 4 which was taken notice of, also by the trial court in its conclusive finding, the Police did not find Police case instituted by the informant, to be true, and that apart, these accusations in the circumstances, did not militate against bona fide of the instant prosecution version. The defence of the appellant can be well countenanced, as for Exhibit 4 which was taken notice of, also by the trial court in its conclusive finding, the Police did not find Police case instituted by the informant, to be true, and that apart, these accusations in the circumstances, did not militate against bona fide of the instant prosecution version. Even if there be no blood stains, or marks of violence at the place of occurrence, that finding too did not discredit the prosecution version, as it is well nigh settled that for lapse on the part of the Investigating Officer, the prosecution was not to be a casualty. 9. However, finding recorded by trial court recording conviction under section 307 I.P.C. in given circumstances, disturbs me, as provisions enjoined under section 307 I.RC. postulates attempt to murder for which there has been not merely a commencement of an execution of the purpose, but something little sort of a complete execution, the consummation being hindered by circumstances, independent of the will of the author. Though there has been evidence on the record about appellant dealing successive blows on the injured with a knife, there has not been evidence about intervening circumstances which prevented the assailant to translate his design into action. Though the doctor has recorded a finding that injury no. (ii) was dangerous, it is a matter of common knowledge that even though injury may be dangerous, it may not be necessarily grievous. Though the injured was advised X-ray, there has been no finding about nature of injury no. (ii) and in backdrop of these facts, in my considered view, the case of the appellant would squarely fall within ambit of Section 324 IPC. It was brought to my notice that the appellant has remained in custody for about 16 months. In the circumstances, while upholding finding of guilt recorded by trial court under section 324 IPC, the appellant is sentenced to suffer rigorous imprisonment for a term of three years on that count. Sentence of fine is also reduced to Rs. 2000/- (two thousand), in default of which he will suffer rigorous imprisonment for a term of six months. Rest finding recorded by trial court about his conviction under sections 326 and 307 IPC and also sentence awarded to him under section 307 IPC are set aside and with the aforesaid modification, the appeal is accordingly dismissed. 10. 2000/- (two thousand), in default of which he will suffer rigorous imprisonment for a term of six months. Rest finding recorded by trial court about his conviction under sections 326 and 307 IPC and also sentence awarded to him under section 307 IPC are set aside and with the aforesaid modification, the appeal is accordingly dismissed. 10. Mrs. Nirmala Kumari, appointed as amicus curiae, shall get her remuneration from the Patna High Court Legal Aid Committee. Let first and last page of the judgment be supplied to her.