JUDGMENT

Lokeshwar Singh Panta, J.

Leave granted.

2. Appellant has filed this appeal against the judgment and order dated 21.11.2005 passed by a Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No.60/2004 [C] confirming the conviction and sentence of imprisonment for life in respect of an offence punishable under Section 302 of the Indian Penal Code [for short `IPC] and a fine of Rs.15,000/- with a default stipulation of simple imprisonment for one year awarded by the Fast Track Court No.-II, Manjeri on 12.12.2003 in Sessions Case No.439/2001.

3. Brief facts, which led to the trial of the accused, are as follows:

Raman-appellant herein, Narayanan (PW-1), Nadi (PW-6) and Unnikrishnan @ Bapputty-deceased were living at Edayattur, District Mambarakunnu. On 21.04.2000 at about 8:00 p.m., PW-1 and PW-6 were chatting by the side of the road when they heard the appellant and the deceased indulging in wordy quarrel. PW-6 intervened and separated them. Unnikrishnan then proceeded to his house and the appellant went towards the house of PW-6. PW-6 returned to the courtyard of the house of PW-1 along with Unnikrishnan. The appellant alleged to have uttered abusive language against Unnikrishnan who in retaliation pulled the appellants shirt collar. The appellant is alleged to have stabbed Unnikrishnan in his abdomen with knife (MO.1). Unnikrishnan collapsed on the spot and uttered that he was finished. PW-6 bandaged the wound of Unnikrishnan. PW-1 informed Velayudhan (PW-2), the younger brother of Unnikrishnan about the incident who arrived at the spot where Unnikrishnan was lying on the embankment by the side of the road. PW-2 and others took Unnikrishnan to the District Hospital, Manjeri, where the Casualty Medical Officer examined him but he was declared dead.

4. PW-6 went to Melattur Police Station and made statement on the basis of which First Information Report (Ext. P4) came to be registered by Abdulla (PW-9), Sub-Inspector. After registering the case, K. Manoharakumar, Circle Inspector (PW-10) went to the Hospital and conducted Inquest Report (Ext. P1) on the body of Unnikrishnan-deceased. The Investigating Officer seized clothes (MO2) of the deceased. He sent the body of the deceased to the Medical College Hospital, where Dr. Cyriyac Jose (PW-13) conducted post mortem examination. PW-10 visited the place of occurrence and prepared scene-cum-seizure mahazar (Ext.P2), recovered blood-stained soil and stones (MO 3). He arrested the appellant and the clothes (MO 4) worn by him were taken into possession under Seizure Mahazar (Ext. P3). At the instance of the appellant, knife (MO 1) was recovered. Further investigation was conducted by D. Rajan (PW-11) and Majeed (PW-12), both Circle Inspectors. PW-11 and PW-12 recorded the statements of the witnesses. On receipt of post mortem report (Ext. P8) and report of chemical analysis (Ext. P7), PW- 12 filed a charge sheet against the appellant for an offence punishable under Section 302, IPC.

5. The trial court found a prima facie case against the appellant and, accordingly, charged him for the murder of Unnikrishnan. During trial of the case, the prosecution examined as many as 13 witnesses. The appellant in his statement recorded under Section 313 of the Code of Criminal Procedure denied his involvement in the commission of the crime. He pleaded that on the day of occurrence when he was going to his house, the deceased took quarrel with him and it was PW-6 who intervened and separated them. He stated that Unnikrishnan came back from his house to the place of occurrence and he was holding a knife in his hand and suddenly held his neck. A scuffle ensued between them, in which the knife accidentally struck into the abdomen of the deceased. He pleaded that due to fear he ran away from the scene of occurrence.

6. The learned trial Judge, on analysis of the entire oral and documentary evidence on record, found the appellant guilty of the offence punishable under Section 3