K.T. Sankaran, J.

The appellant, who was the accused in S.C.No. 269 of 2007 on the file of the Court of Sessions, Ernakulam, was convicted for the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life. The appellant challenges the conviction and sentence in this appeal.

2. The prosecution case is that on 31.8.2004 at 4.45 PM, the accused stabbed Aji near Malanad Bar at Kothamangalam, on account of previous enmity and, on his way to hospital, Aji succumbed to the injuries. A family restaurant is also there in the Malanad Bar. PW9 (Asokan) gave Ext.P6 First Information Statement at 5.15 PM on 31.8.2004. PW19, the Sub Inspector of Police, Kothamangalam, registered Ext.P15 First Information Report on the basis of the statement given by PW9 (Asokan). PW22, Circle Inspector of Police, Kothamangalam, conducted the investigation, which was continued by his successors PW20 and PW21. PW21, the successor in office of PW20, laid the charge.

3. The prosecution examined PW1 to PW22 and marked Exts. P1 to P17 and MOs. 1 to 14. On the side of the accused DW1 was examined and Exts.D1 and D2 were marked.

4. The prosecution alleged that on the date of incident, the deceased, PW1 (Sibi Chandran), Prasanth and Ajeesh went to see Kittu Vaidyan for the treatment of the deceased. After massage, they went to Perumbavoor for inviting persons for the marriage of the deceased. By about 4.30 PM, they came back to Kothamangalam and went to Malanad Bar for taking liquor. They met their friend Manoj in front of the Bar. They realised that money would not be sufficient for having drinks for all of them. Therefore, L 200/- was contributed by Manoj and they decided to purchase liquor from the Beverages Corporation. Ajeesh and Prasanth went to the Beverages Corporation by a bike. PW1, the deceased (Aji) and Manoj could not go by using one bike and therefore, Aji alone took the bike. PW1 and Manoj hired an autorickshaw. The deceased rode the bike in front of the autorickshaw. After they covered about ten feet from the Bar, the accused intercepted Aji, caught hold of him and stabbed him twice with MO1 knife at the chest and abdomen. Even after sustaining the injuries, the deceased rode the bike. By that time, the accused stabbed him on his head twice. When the deceased reached the main road, he fell from the bike and he ran along the side of the road and thereafter, he fell on the side of the road. PW1 and Manoj followed the accused, who ran away and escaped. After coming back to the scene of occurrence, PW1 and Manoj came to know that the deceased was taken to the hospital by PW9 (Asokan) and two others. Inquest was conducted by PW22. Ext.P11 inquest report was attested by PW17.

5. PW16 (Dr. K. Valsala) conducted postmortem examination on 1.9.2004 and issued Ext. P10 certificate. Ext. P10 certificate shows that the deceased had sustained thirteen antemortem injuries. The antemortem injuries noted in Ext.P10 certificate are the following:

"B. Injuries (Antemortem)

1. Incised bone deep wound 7.4 x 1cm on the right side of back of head, oblique, the upper front end 6cm above top of ear and lower back end 8cm behind ear and 15cm above root of neck.

2. Incised bone deep wound 5 x 0.5cm transverse, over left parietal area, inner end 2cm outer to midline of head. The outer end was 10cm above top of ear.

3. Contused abrasion 1.5 x 0.8cm on upper part of left ear.

4. Superficial incised wound 2.5 x 0.3cm at the outer half of left upper eye lid.

5. Contused abrasion 12 x 8cm over left side of face, 2cm below outer end of eye brow, extending to jaw margine.

6. Incised penetrating wound 3.7 x 1.5cm oblique on left side of chest. Upper back end was blunt and 12.5cm below collar bone and 3.5cm outer to midline. The lower front sharp cut end was 5.5cm outer to midline and 20cm above umbilicus. The wound continued cutting 4th inter costal space, 5th rib and lower border of 4th rib and entered the chest cavity transfixing the left