JUDGMENT :

JOHNSON JOHN, J.

1. The appellant is the accused in S.C. No. 38 of 2007 on the file of the Additional District and Sessions Judge, Adhoc No. II Manjeri and he is challenging the conviction and sentence imposed on him for the offences under Sections 324 and 308 IPC.

2. The prosecution case is that because of previous enmity, the accused assaulted PW-1 with iron pipe and knife on 25.11.2005, at about 6 p.m. while PW-1 was engaged in the sale of lemon on the side of the road near Tanur Railway Station. The accused beat PW-1 with an iron pipe on his head and thereafter, assaulted him with a knife aiming his neck and when PW-1 flinched, he sustained injuries on his left hand and right side of the abdomen. It is alleged that the accused also beat PW-1 on his right leg and back with the iron pipe and that the accused committed the act with the requisite intention or knowledge to cause culpable homicide, not amounting to murder.

3. On the basis of Exhibit P1, First Information Statement of PW-1, Exhibit P8 FIR was registered by PW-7 on 26.11.2005 and after completing the investigation, PW-9, Assistant Sub Inspector of Tanur Police Station, filed the final report and after committal,