JUDGMENT

Appeal filed under Section 374 (2) of the Code of Criminal Procedure (for short, “Cr.P.C.”).

2. Aggrieved by the conviction under Section 326 of the Indian Penal Code (for short “ IPC ”) the accused in S.C.No.403 of 1999 before the Additional Sessions Court (Adhoc-II), Thalassery has come up in appeal. Records show that he was charged with offences punishable under Sections 307 and 326 . After trial, the learned trial Judge convicted the appellant under and acquitted him of the other charge.

3. Prosecution case, in nutshell, is as follows:

On 27.10.1996 at about 9.45 hours in the night, the appellant/accused due to previous enmity and with an intention to cause death of the injured (PW2) inflicted cut injuries on his neck by using MO1 chopper, while the accused, the injured and the material witnesses were watching a movie in a theater at Mattannur. The injured was immediately removed to a local Government Hospital and then to the Medical College Hospital, Kozhikode. Police registered the crime and after investigation, the charge was filed against the accused. Finding that the case was exclusively triable by Court of Sessions, learned Magistrate committed the case to th