JUDGMENT :

This appeal has been preferred by the accused in S.C. No. 1870/2004 on the files of the Additional Sessions Court Fast Track-II, Thiruvananthapuram against the judgment dated 6.12.2007 convicting him under S. 307 of IPC.

2. The accused, an Indian Airlines retired employee, now aged 77 years, faced trial for the offence punishable under S. 307 of IPC.

3. The prosecution case, in short, is that on 17.1.2003 at 4 pm, at the compound of the house of PW1, the accused inflicted stab injury on the deceased CW2 with MO2 knife on his lower abdomen, causing penetrating wound protruding intestine, with omentum and when CW2 resisted the attack by raising both hands, the accused caused stab injuries on various parts of his body, such as, the right armpit, inner side of right hand, left shoulder, left side of nose and left side of the neck.

4. On receipt of summons, the accused appeared at the court below. After hearing both sides, the court below framed charge against the accused under S.307 of IPC. The charge was read over and explained to the accused who pleaded not guilty. On the side of the prosecution, PW1 to PW9 were examined and Exts. P1 to P10 were marked. MO1 and MO2 were identi