Aggravated assault charged-conviction for assault; harm with intent charged-verdict of harm simpliciter

(1) Where an aggravated assault under section 45 of the Code, is charged and the jury finds that only common assault under section 44 of the said Code is proved, the jury may find the accused person guilty of the common assault and he shall be liable to be punished accordingly. (2) Upon an indictment under section 85 of the Code, charging the commission of any of the crimes in sections 79 to 84 inclusive of the Code with any of the intents set out in the said section 85, if the jury is satisfied that the intent is not proved but that any of the said crimes is committed by the accused person, it may acquit the accused person of the crime charged in the indictment and convict him of the crime which has been established and he shall be liable to be punished accordingly.