1. The accused in Sessions Case No. 11 of 1958 of the Sessions Court of Ernakulam has filed this appeal against his conviction for the offence of murder punishable under S.302, Indian Penal Code, and the sentence of death therefor passed by the learned Sessions Judge. The referred trial is the reference made by the Sessions Judge for confirmation of the sentence.

2. The charge against the accused was that, at about 6 P. M. on the 30th March 1958, he stabbed his younger brother, Varghese, with a pen-knife on the right side of his neck near the region the cheek joins the neck and thereby caused his death.

3. Pw. 7 is the accused's father. It would appear from the evidence in the case that besides the accused Pw. 7 had at least three sons In order of seniority, Pw. 7's sons were one Ouseph, the accused, the deceased Varghese, and Pw. 4. Pw. 7 had some properties, and there were quarrels between the accused on the one hand and Pw. 7 and Varghese on the other on account of certain testamentary dispositions made by Pw. 7. These quarrels had resulted in a petition by the deceased Varghese to the Police on the 22nd October 1956 alleging that he apprehended danger to his personal