JUDGMENT :

(Abhay S. Oka, J.)

FACTUAL ASPECTS

1. The Trial Court has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘the IPC’). He was sentenced to undergo life imprisonment and to pay a fine of Rs.1,00,000/-. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for six months. The conviction and sentence of the appellant have been confirmed in the appeal by the High Court of Kerala.

2. The allegation against the appellant is that on 31st December 2010, at about 11:45 am, he stabbed Ramakrishnan (deceased) with a knife. Grievous injuries were caused to the deceased as a consequence of which, he died. According to the case of the prosecution, there was previous enmity between the appellant and the deceased as he was involved in the murder of the appellant’s elder brother.

SUBMISSIONS

3. The learned counsel appearing for the appellant has taken us through the evidence of the prosecution witnesses. He submitted that the conviction is based on the testimony of two alleged eyewitnesses namely, Shaju (PW-4) and Suresh (PW-5). He submitted that another witness, Thressiamma (PW- 6), did not support the