Judgment

Pattanaik, J.-The appellant and his son stood charged for offences under Sections 449, 341, 342 and 302 read with Section 34 IPC for having wrongfully restrained P.W. 1 and hurting him with a stick and for causing murder of deceased Kesava Pillai, father of P.W. 1 by stabbing him on his abdomen with a knife on 17.4.1985 at 11 P.M. The learned Additional Sessions Judge, on a thorough discussion of the entire prosecution evidence came to hold that the prosecution has failed to establish the charges beyond reasonable doubt and, therefore, the two accused persons are entitled to be acquitted and accordingly acquitted them of all the charges. On an appeal being carried by the State, the High Court of Kerala by the impugned judgment affirmed the order of acquittal passed by the learned Addi­tional Sessions Judge so far as the son is concerned but reversed the order of acquittal of the appellant herein and convicted him under Section 302 as well as under Section 324 IPC. For his conviction under Section 302 IPC, he was sentenced to imprisonment for life and no separate sentence was passed for his conviction under Section 324.

2. The prosecution case in the nutshell is that the rela