JUDGMENT

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the accused in S.C.No.237/2013 on the file of the Court of Session, Kasaragod challenges the conviction entered and sentence passed against him for the offence punishable under Section 324 IPC .

2. The prosecution case is that the accused on account of his previous enmity to PW1 and with the intention of voluntarily causing hurt to him, on 01/02/2013 at 12:30 p.m. stabbed PW1 on his abdomen and chest causing injuries. Had PW1 not resisted the attack by the accused, it would have resulted in causing much more serious injuries on his abdomen sufficient to cause his death. Hence, as per the final report the accused is alleged to have committed the offence punishable under Sections 326 and 308 IPC .

3. Based on Ext.P1 FIS of PW1 recorded on 02/02/2013 by PW6, the Head Constable, Badiadka police station, crime no.65/2013, that is, Ext.P5 FIR was registered. Investigation was taken over by PW7, Sub Inspector, Badiadka who completed the investigation and submitted the charge sheet before the Court, alleging the commission of the aforesaid offences.

4. The jurisdictional magistrate after complying with all the