The respondent was not bound to prove the defense beyond a reasonable doubt, but to indicate a preponderance of probability in favor of the defense case.

E.K. Moidu, J.

1. This is an appeal under S.417 CrPC filed on behalf of the State to set aside the order of acquittal passed by the Sessions Judge, Kottayam in favour of the respondent accused who had been in the first instance convicted and sentenced by the Asst. Sessions Judge, Kottayam to undergo 3 years' rigorous imprisonment under S.307 I.P.C. for attempting to cause the death of PW 1, P. N. Narayanan Nair, and 6 months rigorous imprisonment under S.324 I.P.C. for causing hurt to PW 2, K. Narayanan Nair by stabbing them with a Malapuram knife after the midnight on 16-12-1968.

2. PWs 1 and 2 are cousins. The respondent is the son-in-law of an uncle of PWs 1 and 2. On account of some property dispute, the respondent and his father-in-law were not on good terms for some time. PWs 1 and 2, who supported the uncle in the matter of property dispute, were therefore not well disposed towards the respondent. The relationship of PWs 1 and 2 towards the respondent was also strained as the respondent misbehaved with his wife who had therefore occasion to go and live in her brother's house some few days prior to the incident. When the respondent went there to bring her back to his house, PW 1, was purported to have told him that if he beat his wife, she would not be some along with him. It was under the above background that the respondent happened to meet PWs 1 and 2 in the midnight at about 12.30 a. m. on 16-12-1968 While all of them were returning along the Kanjirappally - Erattupetta road after attending a festival which was simultaneously held in the temple and the church in Tendinad. The respondent came form south to north while PWs 1 and 2 came from the opposite direction. While so, the respondent asked PW 1 to come nearer as he wanted tell him something, when the respondent told him that he would not allow his uncle to collect usufructs from the property in dispute. Then PW 1 said not to create any embarrassment to the uncle. The respondent replied: "I will quarrel even with your father". Then PW 1 replied: "You are not capable of it''. It was then that the respondent caught hold of the left hand of PW 1 and saying that he would be done away with the respondent stabbed him with a Malapuram knife on his abdomen with the result the intestines protruded. When he aimed another blow against PW 1, he was intercepted by PW 2 when the respondent stabbed him also on his left hand and thereby PW 2 also sustained injury. PW 1 then fell down. By that time, PW 3, Bhaskaran Nair, PW 6 Joseph and DW 4 Purushothaman Nair came to the scene. The respondent was seen to have run away from the place towards north and then towards south. After some first aid was given to PW 1, both PWs 1 and 2 thereafter were taken to Palai Govt. Hospital at which PW 4, Asst. Surgeon dressed the wounds of PWs 1 and 2 at 2 a.m. on the same day. PW 4 issued Ex. P2 wound certificate to PW 1 while Ex. P3 wound certificate was issued to PW 2. The injury of PW 1. being serious, he was sent to the Medical College Hospital for better treatment at which he remained as in patient under the treatment of PW 7 Professor of Surgeory. However, he was discharged as cured on 25 12 1968. In the meanwhile, PW 2 had given Ex. P1 first information to PW 8, Head Constable, Palai on the basis of which he registered a crime and the same was sent to Erattupeta Police Station within the jurisdiction of which the occurrence took place. PW 9 registered a crime there and PW 10, Sub Inspector took up investigation. He visited the scene of occurrence, and prepared Ex. P10 scene mahazar. The place of occurrence was pointed out to him by one Chandrasekharan Nair. The respondent later surrendered before the court. On completion of investigation, the charge was laid against the respondent.

3. The respondent in his 342 statement denied the prosecution version of the case. According to him, at about 9-30 p. m. on the night of the incident in question, there was an altercation between him and one