The appellant herein challenges the conviction and sentence against him under Section 304 (Part-I) of the Indian Penal Code in S.C 817/2009 of the Court of Session, Alappuzha.

2. The prosecution case is that, at about 8 p.m. on 9.10.2005 at the canal puramboke near the house of the accused, he stabbed his close relative Ramesan to death with a knife, due to some previous enmity in connection with the destruction of the telephone cable to the house of the said Ramesan. At about 2.30 a.m. on 10.10.2005, Ratheesan, the brother of the deceased, gave first information statement to the Police, and on the basis of this statement, the Police registered the crime under Section 302 I.P.C. The deceased was first taken to the local hospital at Haripad, and was later shifted to the Medical College Hospital, Alappuzha where he breathed his last within a few hours. The material witnesses in this case are the relatives of both the parties. After thorough investigation, the Police submitted final report before the Judicial First Class Magistrate's Court-I, Haripad under Section 302 I.P.C. After complying with the procedure prescribed under the law, the learned Magistrate committed the case