P. Somarajan, J.

Against the judgment of conviction and the order of sentence under Section 302 IPC in Sessions Case No.607/2010, dated 27.06.2013, on the file of Sessions Court (Adhoc-I), Palakkad, the sole accused came up with this appeal.

2. One Saji @ Sajimon Jacob met with a sad death at his tender age of 28 years on 28.01.2008 at 10.00 a.m. in the hands of the accused who inflicted a stab injury on his chest with a knife after a scuffle, is the prosecution case. There is an earlier episode happened on the previous night in connection with the marriage of son/daughter of one Kunju at his house. His friends, relatives and neighbours assembled in his house. PW2 was also participated in the arrangements made in the house of Kunju on the previous night. During that night the accused trespassed into the bed room of PW2, the wife of PW9, and attempted to molest her. On the next day, when the accused came to the place of occurrence, the road in front of a tea shop, after sending his children to school, the deceased, who is the brother of PW2, confronted with him and had some heated exchange of words which has resulted in a scuffle. PW3, PW11 and CW2 were present in the said tea shop at that time. It is at that time the accused took a knife from his lap and inflicted a stab injury on his chest.

3. PWs 2, 3, 9 and 11 were examined by the prosecution in order to prove the complicity of the accused in the alleged crime. PW3 and PW11 are the occurrence witnesses. They are in agreement with what actually happened. PW2 and PW9 deposed about the earlier episode which was happened on the previous night. The accused, in answer to his examination under Section 313 Cr.P.C., submitted a written statement admitting the entire incident, but took a contention that he had inflicted injury on the victim by way of private defence as there was a massive attack on him by the victim along with three other persons.

4. There is only one incised wound (stab injury). The other injuries noted in the post-mortem examination report are two superficial lacerations and mere contusions and abrasions. The cause of death is due to injury No.12 which is fatal and, according to the Doctor who conducted postmortem examination on the body of the deceased, it is having a measurement of 5.5x1 cm right side of chest oblique with lower inner sharp cut at the midline 2 cm above sternal notch. The other end was rather rounder than inner end and mildly contused. The wound entered in the chest cavity cutting the costal cartilages of 5 to 8th rib and then pierced the pericardium and entered the right atrium of heart 3.5x0.4 cm. The wound was directed backwards, upwards and to the left with a total minimum depth of 7 cm. Right lung was also found collapsed. Possibility of sustaining the above said injury in a moving position or twisting position was also deposed by PW5. This would show that the person who received the injury was either in a moving position or twisting position or the person who inflicted the injury had twisted or moved the weapon used for inflicting the injury both upwards, backwards and towards left side to a minimum depth of 7 cm. The weapon used for inflicting the injury is a sharp edged knife. It has pierced through ribs 5 to 8 cutting its cartilage and reached up to the right atrium of heart causing injury and also caused collapse of right lung. The force applied by the accused while inflicting injury on the chest of the victim with a sharp edged knife is well evident. The nature of injury, the place wherein the injury was inflicted -on a vital part of the victim, the user of a sharp edged knife and the force applied cutting cartilage of ribs 5 to 8 penetrating up to the heart, causing injury to the right atrium of heart, would amply reveal the intention of causing such bodily injury with knowledge that it would likely to cause death would bring the matter within the purview of clause (2) of Section 300 IPC.

5. The accused sought the benefit of Exce