JUDGMENT

B.P. Singh, J.-The appellant herein was put up for trial before the Additional Sessions Judge, Kottayam Division in Sessions Case No. 68 of 1994 charged of an offence punishable under Section 302 I.P.C. for having committed the murder of the deceased Joseph @ Ouseppachen at about 8.15 p.m. on 25th March, 1994. The trial Court accepting the evidence produced by the prosecution found the appellant guilty of culpable homicide. In the facts and circumstances of this case it held that though the deceased died as a result of the injuries sustained by him, it could not held that the appellant stabbed him with the intention of killing him. He, therefore, convicted the appellant for the offence punishable under Section 304 I.P.C. Part I and sentenced him to 8 years rigorous imprisonment. The appellant preferred an appeal before the High Court of Kerala at Ernakulam being Criminal Appeal No. 93 of 1996 A. The High Court by its impugned judgment and order of 20th July, 2001 dismissed the appeal. The appellant has appealed to this Court by Special Leave.

2. PW 1, the brother of the deceased lodged the F.I.R. which was recorded by Sub-Inspector, PW 10 on 25th March, 1994. PW 1 is not an