Ajit Borthakur, J.

1. Heard Mr. B. Lalramenga, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for the State. This criminal appeal has been preferred by the accused/appellant through the Central Jail authority, Aizawl against the Judgment and Order, dated 08.05.2013, passed by the learned Sessions Judge, Lunglei in Crl Tr. No. 271/2010 (corresponding to Saiha P.S. Case No. 95/2009, whereby he is convicted u/s. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- (Rupees Five Thousand) only in default to suffer simple imprisonment for 5 (five) months.

2. The prosecution case, at a nutshell, is that one Lalzikpuii, son of Biakkhuma, a resident of New Saiha West, lodged an F.I.R., on 02.12.2009, with the Officer-In-Charge, Saiha P.S. alleging that on that day at around 6:30 p.m., his paternal aunt's daughter, namely, Lalnunpari, aged about 48 years, was stabbed repeatedly to death by the accused/appellant.

3. Based on the above F.I.R., Saiha P.S. Case No. 95/2009 u/s. 302 IPC, dated 2.12.2009, was registered and the officer-in-charge endorsed the case to SI M.C. Zahmuaka for investigation. In course of investigation, SI M.C. Zahmuaka, the I.O., arrested the accused/appellant on his surrender at the Police Station along with the weapon of offence-one knife, prepared the inquest report on the dead body, seized the weapon of offence and other articles, examined witnesses, sent the dead body for postmortem examination, prepared a sketch map of the place of occurrence, sent the accused/appellant to get his confessional statement u/s. 164 Cr.P.C. recorded and on completion of investigation, SI Beihai Hlychho, based on the case diary prepared by the I.O., laid a charge-sheet u/s. 302 IPC against the accused/appellant.

4. After furnishing copy of documents as required u/s. 207 Cr.P.C. to the accused/appellant and consideration of the materials placed and further, hearing the learned counsel of both the sides, the learned trial court having found sufficient ground for proceeding against the accused/appellant framed charge u/s. 302 I.P.C. The charge was read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried. In order to prove the charge, the prosecution examined 11 (eleven) witnesses, while the defence cross-examined them. On closing the evidence of the prosecution side, the statement of the accused/appellant u/s. 313 Cr.P.C. was recorded. The accused/appellant pleaded not guilty and declined to examine any witness in defence.

Thereafter, the learned trial court on hearing the arguments of both the sides and appreciation of evidence on record, convicted and sentenced the accused/appellant as stated above.

5. The accused/appellant by his Memo of Appeal has assailed the above judgment and order of the learned trial court on the grounds, inter-alia, of his poor family condition, old age (stated to be aged about 81 years), various contradictions in evidence of the prosecution witnesses and thus, failed to appreciate the evidence from proper perspective. The accused/appellant has prayed to alter the offence u/s. 302 IPC to one 304 IPC so as to reduce the quantum of punishment awarded to him.

6. I have heard the arguments advanced by Mr. B. Lalramenga, learned Amicus Curiae for the accused/appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor appearing for the state. I have gone through the entire evidence, oral and documentary, on record and the accused/appellant's explanations to the circumstances appearing in evidence against him, recorded u/s. 313 Cr.P.C.

7. Section 299 IPC defines 'culpable homicide'. Section 300 IPC defines 'murder' and the exceptions to that Section illustrate the cases when the culpable homicide will not amount to 'murder'. "Intent" and 'knowledge" as the ingredients of Section 299 IPC postulate the existence of a positive mental attit