JUDGMENT

S.P. Kurdukar, J.-This criminal appeal is filed by the appellant accused impinging the Judgment and order of the High Court of Kerala dated January 19, 1993, whereby the appellant was convicted and sentenced to suffer imprisonment for life for committing the murder of Madhavan. The trial court at the conclusion of the trial found the appellant not guilty and acquitted him. The State of Kerala filed the appeal to the High Court and the said criminal appeal was allowed by the High Court vide its impugned judgment.

2. Briefly stated the prosecution case is as under :

The incident in question took place at about 8.00 p.m. on May 10, 1988 at Kattapunna. On this day, a "Thaiyyam" (a village ballet) was arranged by Madhavan in the evening and for that purpose, he needed a petromax which was available in the shop of the appellant. Madhavan had gone to the shop of the appellant and requested him to give a lighted petromax. The appellant refused to oblige. Earlier in the day, brother of Madhavan had also gone to the shop of the appellant and requested him to give him two benches to celebrate the said festival. When Madhavan had gone to the shop of the appellant with a request to give h