The burden of proof lies on the prosecution to prove all the ingredients of the offence charged, and the right of self-defence is a high prized gift granted to citizens to protect themselves by effective self-resistance against unlawful aggression.

1. The appellant Mathai was convicted under S.304 IPC. and sentenced to rigorous imprisonment for a term of seven years by the Additional Sessions Judge, Kottayam for having caused the death of one Yohannan by stabbing him at about 6-45 p. m. on 19th June 1962.

2. The prosecution case is that the accused feeling bitter and vengeful towards Yohannan as a result of the quarrel between them over the price of the hide of a cow and also a criminal case between them happened to meet Yohannan at about 6-30 p. m. on 19th June 1962 on the foot-path lying near the house of pw. 3 Scaria when the accused attacked Yohannan, stabbing him a number of times with a malappuram

knife M. O.2. Yohannan's cries attracted Elias pw. 1, Mathai pw. 2, Scaria pw. 3 and several others to the scene. The first to arrive was pw.1 who saw the accused sitting on Yohannan's chest and stabbing him. When pw.1 tried to intervene the accused stood up and aimed two stabs at him which were both warded off by pw.1 who thereby received some minor injuries on his right hand and wrist. By this time the others arrived at the scene and seeing them approaching the accused ran away from the place carrying with him the knife. The injured Yohannan was removed by pws. 2, 3 and others to the Government Dispensary; Pampady. Yohannan died on the way and his body was taken to the dispensary by 9 p. m. From the hospital pw.1 went to the Pampadi Police Station and lodged the information. The accused was arrested the next day.

3. The accused pleads self-defence. According to him he was attacked by Yohannan and pw.1 a relation of Yohannan who fisted him and hit him with stones. He was thrown on the ground and Yohannan sat on his chest throttling him while pw.1 stood on his thighs. At this juncture apprehending danger to his life he pulled out his knife and waved it hitting Yohannan with it.

4. That Yohannan died as the result of the injuries inflicted by the accused is not disputed. Autopsy revealed that Yohannan had six incised injuries on various parts of the body and an abrasion on the left knee. One of the injuries on the chest had penetrated the pleura and the lung. pw. 7 the Medical Officer who conducted the autopsy is of the opinion that this was a necessarily fatal injury. It may be noted here that pw.1 also had some incised injuries of a minor nature on the right wrist and palm. The accused was also injured. His wound certificate reveals that he had an abrasion on the left temple and scattered abrasions on his left shoulder and right scapular regions.

5. The prosecution examined pws.1 to 3 to prove their version of the incident. The learned Sessions judge, for very proper reasons, found the prosecution version unreliable in several respects including the manner and time of the incident. The Judge has found the so-called eye-witnesses pws.1 to 3 utterly unbelievable. He held that pw.1 who asserted that he ran up to see the last stage of the incident was speaking a falsehood and accepted the accused's case that pw.1 was there from the beginning and had participated in attacking the accused. The Judge was also of the view that pw. 2 was nowhere at the scene and was giving false evidence that he saw the accused getting up from the chest of Yohannan and then engaging himself in the struggle with pw. 1. The evidence of pw. 3 even if accepted is immaterial since he saw only the fight between the accused and pw. 1. The learned judge has disbelieved the prosecution case that the occurrence took place at 6-45 p. m. and accepted the accused's case that it was 8 in the night when he was attacked. He has gone further and held that the time was purposely changed as to make it appear that the witnesses actually saw the incident in the twilight. The learned judge has also concluded on proper data that

"there are indications of a violent and bitter struggle before Yohannan was finally overpowered."

He was also right in refusing to accept the prosecution case that the accused was the ag