MARY JOSEPH, J.

The judgment dated 30.06.2014 of Additional District & Sessions Judge-II, Pathanamthitta (for short 'the Court below) in SC No.575/2013, whereby Sri.Babu, S/o.Thomas, Kalathil Veedu, Adampadam Colony, Thirumoolapuram, Iruvallipra Muri, Kuttappuzha village, who is the sole accused in SC No.575/2013 was found guilty for the offence under Section 300 IPC and was convicted and sentenced for the said offence under Section 302 IPC, to undergo imprisonment for life, is under challenge in the captioned appeal.

2. The aforesaid Babu was charge-sheeted by the Sub Inspector of Police, Thiruvalla in Crime No.1402/2012 for the offence of murder punishable under Section 302 IPC. Charge was also framed against him by the Court below, for the same offence for which he was charge-sheeted by the Police.

3. The case of the prosecution in a nut-shell is relevant for the purpose of this appeal and accordingly is narrated hereinbelow:

On 29.09.2012 at about 11.30 am. with the intention to kill one Sri.John C. Chacko, the accused Sri.Babu, attacked him with a broken soda bottle in front of a building bearing No.XIV/C-62/14 of Thiruvalla Municipality, situated on the eastern side of