K.T. SANKARAN, J.

1. The appellant was found guilty for the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and in default of payment of fine, to undergo rigorous imprisonment for six months. The appellant challenges the conviction and sentence.

2. Hereinafter the appellant/accused is referred to as the accused.

3. The charge against the accused is that on 15th June, 2007, at about 10 a.m. he committed murder of Nizar, by intentionally stabbing him with a screw driver on his neck and caused the death of Nizar, near to Choondy junction at Edathala in Aluva East Village and thus, committed an offence punishable under Section 302 of the Indian Penal Code.

4. The accused is an autorickshaw driver. He used to ply his autorickshaw at a place different from the place of incident. The deceased Nizar was an employee in a meat shop. On the previous date of the incident, two boys died due to drowning. The deceased was instrumental for calling a hartal at the place till the cremation of the dead bodies of the two boys was over. The shops at Choondy junction were closed at the instance of the decea