MANOHARAN, J.

Accused was charge-sheeted under Ss. 447 and 302, I.P.C. Learned Sessions Judge, Manjeri found him guilty of the offence punishable under Ss. 447 and 302, I.P.C., convicted him and sentenced him to undergo imprisonment for life under S. 302, I.P.C. No separate sentence was awarded for the offence under S. 447, I.P.C. Accused has preferred this appeal against the said conviction and sentence.

2. Cheeru Amma (deceased), aged 65 was residing along with her daughter at Pakkarathkunnu in Karuvambram amsom, desom of Ernad Taluk. In the evening of January 22, 1987 P.W. 1, a customer of P.W. 3 whose tea shop is on the south-east of the house compound of Cheeru Amma went to the tea shop for paying dues; finding P.W. 3 away to his house he (P.W. 1) went to the house of P.W. 3, paid the amount, and when he reached the road that runs in front of the house compound of Cheeru Amma he saw accused in her compound and herself protesting that the accused should not enter her compound. But accused asking what she would do if he entered, proceeded, she pushed him; then accused stabbed her on the right side of her neck. P.W. 1 raised an alarm and P.Ws. 2 and 3 came to the scen