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