Rajasekharan, J.

The conviction for murder and sentence of imprisonment for life are challenged in this Criminal Appeal by the sole accused.

2. Inside a toddy shop when the appellant was consuming toddy deceased Podia came humming a song. The appellant expressed his displeasure by asking why can't you come without singing? Naturally the deceased questioned the appellant's authority to interfere with his freedom to hum a song, and asked what he could do. The appellant replied that he will be presently dealt with. The quarrel was pacified by the salesman in the toddy shop. Deceased Podiyan walked out and reached the road. The appellant after finishing his drinks hurriedly followed the deceased to the road asking him to stop. From behind the deceased was caught hold of by the appellant and taking M.0.1 dagger the appellant stabbed Podiyan on his left shoulder causing a penetrating injury 6.5x2.5 cros, which entered into the chest cavity through the second inter costal space severing the brachial plexus, subcalvian artery and piercing the upper lobe of the left lung. Minimum depth of the wound was 12 cros. That is what the oculars and medical evidence show. The medical office