1. The appellant is the accused in Sessions Case No. 18 of 1951 on the file of the Sessions Court at Parur. He stood charged for the offence of murder punishable under S. 302, Indian Penal Code. After considering the evidence in the case, the learned Sessions Judge found that the act proved against the accused did not amount to the offence of murder, but only to culpable homicide not amounting to murder. Accordingly the accused was convicted under Part I of S. 304, I.P.C. and sentenced to undergo rigorous imprisonment for 7 years. It is against such conviction and sentence that the accused has preferred this appeal.

2. The case against the accused is that at about 10 O'clock on the night of 2.5.1124 the accused attacked deceased Ulahannan Ouseph Alias Kunju, inflicted a deep cut on the right side of his neck with a knife and thus caused his death. The occurrence is stated to have taken place at the point marked A in the Arappamattom lane in Thondikuzha Kara, Karikode Pakuthy, Thodupuzha Taluk. The situation of this lane as well as the point at which the occurrence is stated to have taken place are shown in the sketch Ext. I prepared and produced by the investigating offi