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13. There is no doubt a changed version as deposed to by Prashant in Court viz-a-viz what he had stated to the police, but substantially pertaining to the genesis of the incident and assault by Manoj, his version has remained the same. Difference is that before the police he made a statement that even Raju assaulted with a pointed object, but in the Court he stated that it was only Manoj who assaulted him. Raju held him from behind.

14. Voluntarily causing hurt by means of an instrument used as a weapon of offence which results in a simple injury is an offence punishable under Section 324 IPC. If the hurt is grievous and the weapon is dangerous the offence, being of a higher degree of culpability, is one punishable under Section 326 IPC. An act which is done with knowledge or intention that it is likely to cause death, is an offence of attempt to murder and is punishable under Section 307 IPC. The line of demarcation between an offence punishable under Section 326 IPC and the one punishable under Section 307 IPC is that to fall within Section 307 IPC, the act must be done with such mens-rea as would have constituted the act of murder if death had occurred. Shortly stated, in an attempt to commit murder, all the elements of murder exist, except the fact of death.