JUDGMENT :

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code). The appellant was the sole accused in S.C.No.44 of 2006 before the Additional Sessions Judge (Adhoc)-II, Kalpetta. He was convicted and sentenced for the offences punishable under Sections 324, 354 and 448 of the Indian Penal Code, 1860 (IPC).

2. A final report was filed by the Sub Inspector of Police, Kalpetta in crime No.177 of 2005 of that Police Station alleging offences punishable under Section 308, 354 and 448 of IPC. The allegations were that on 02.05.2005 at about 3.00 a.m. the accused tried to outrage the modesty of PW2 by trespassing into her house which bears door No.XII/702(IV) of Kalpetta Municipality. Further, he stabbed PW1 with a knife at 5.30 p.m. on 03.05.2005 with the knowledge that his intended act would have caused the death of PW1. Thus, the appellant had committed the above-mentioned offences.

3. Upon framing a charge and denying the same by the appellant, the prosecution has examined PWs.1 to 14 and proved Exts.P1 to P9. MOs.1 to 3 were identified. During examination under Section 313(1)(b) of the Code, the appellant denied incriminating circumstances. He fur