B.M. THULASIDAS, J.

The appellant stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He was alleged to have stabbed to death one John alias Thambi on 1-10-1989, at about 8.00 p.m., from near the Arrack shop of P.W. 3, whom he was alleged to have abused following his refusal to give arrack on credit that the deceased heard as he came there and tried to reason with him to send him away. The First Information statement, Ext. P1 was given by P.W. 1, an eye witness, to P.W. 9, on the basis of which Crime No. 154 of 1989 of Rajapuram Police Station was registered. P.W. 10 investigated the case. He held inquest from the mortuary of the Government hospital, Kanhangad on 2-10-1989 and as per Ext. P7 report he recovered M.O. 12 to M.O. 16. As per Ext. P2 scene mahazar, M.Os. 1 to 11 were seized. Postmortem was conducted by P.W. 6, who issued Ext. P4 certificate. The deceased had (antemortem)

"An incised wound eliptical in shape 4 cm x 2 cm obliquely placed on the front of the right side of chest. It is 6 cm below the right Sternoclavicular joint and 4 cm, to the right of the midline, upper and of the wound is slightly round