JUDGMENT

Arijit Pasayat, J. — Appellant calls in question legality of the judgment rendered by a Division Bench of the Kerala High Court upsetting the order of acquittal passed by learned Sessions Judge Kasaragod, Kerala. Appellant faced trial for alleged commission of offence punishable under Section 302 Indian Penal Code, 1860 (in short the IPC). According to the prosecution on 23.12.1994 at about 11.15 a.m. he stabbed one Narayanan (hereinafter referred to as the deceased) to death at the private bus stand. The High Court by the impugned judgment held that the order of acquittal passed by the trial court was not proper and the appellant was convicted for the offence punishable under Section 304 Part I IPC and sentenced to undergo seven years rigorous imprisonment. The prosecution version as unfolded during trial was as follows :

2. On 23.12.1994 at 11.15 a.m. the accused stabbed deceased to death at the private bus stand, Kanhangad. On Ext.P1 complaint of H.R. Ashokan (PW1) and V.K. Raghavan (PW 9), Sub Inspector of Police, Kanhangad Police Station, registered Ext. P.9 F.I.R. in Crime No. 648 of 1994. The accused had been taken to the police station by PW1 and another, from w