IMPORTANT POINTS:
" The appellant, who had initiated the assault in attacking the deceased and PW1- He was the aggressor, is proved beyond doubt- He cannot therefore take advantage of his self creation and seek refuge of the exception of self-defence.
" The source from where he had acquired the liquid is not probably proved by the prosecution, but it is clear that it was the appellant, who had initiated the assault in attacking the deceased and PW1. He was the aggressor, is proved beyond doubt. He cannot therefore take advantage of his self creation and seek refuge of the exception of self-defence.

ASHOK MENON, J.

1. The 1st accused in S.C.No.24/2013 on the files of the Additional Sessions Court, Thodupuzha, who stands convicted for life imprisonment and fine of Rs.50,000/-, and in default, to simple imprisonment for two years under Section 302, I.P.C. and for rigorous imprisonment for one year under Section 324, I.P.C., is in appeal before us, aggrieved by the conviction.

2. The appellant, as the 1st accused and his wife as the 2nd accused, stood trial on a charge sheet under Sections 302, 324 and 120B, I.P.C. laid by PW25, the C.I. of Police, Idukki, who completed the investigation initiated by PW21, his predecessor in office. Ext.P3 F.I.R. was registered as Crime No.276/11 of Idukki Police Station by PW8, the SPCO on GD charge duty at that point in time, on the basis of Ext.P1 F.I. statement given by PW1, the father of the deceased. The learned Sessions Judge acquitted the 2nd accused for want of evidence regarding conspiracy, while the 1st accused was found guilty and convicted as mentioned above.

3. The prosecution case in brief is thus: The accused couple hatched a criminal conspiracy to murder the deceased Manoj, a Civil Police Officer, the son of PW1, and being a party to the conspiracy, the appellant committed the murder of the said Manoj by stabbing him to death, at about 5.20 pm, on the 21st of May, 2011, near a petrol pump at Cheruthoni.

4. The facts as stated by the prosecution, are thus: The 2nd accused was allotted, and she set up a help desk at the District Passport Office, Idukki, expending a sum of Rs.70,000/-. Deceased Manoj was at that time, posted on deputation at the District Passport Office. He had allegedly rendered financial help by advancing a sum of Rs.35,000/- to the 2nd accused, on condition that he would be getting a share of the income earned from the help desk. On 09.04.2011, taking advantage of the opportunity that 2nd accused was alone at her home, the deceased allegedly trespassed into her house and subjected her to rape. On 17.05.2011, she lodged Ext.P2 complaint before PW6, the Woman Inspector at the Vanitha Cell, Idukki. Both the accused, and the deceased were summoned by PW6 to the Vanitha Cell for a discussion. On 21.05.2011, all the three of them as well as PW1, reached the Vanitha Cell and they had a discussion. It was resolved that the partnership between the deceased and the 2nd accused shall be culminated, and towards the settlement, PW1, on behalf of his son, handed over to the accused, a sum of Rs.35,000/-. Statements of both the 2nd accused and the deceased were recorded by PW6. Thereafter, all the three of them went to the office of Advocate Sibi Thomas where, his clerk, PW5, drafted an agreement, which was signed by the parties, and they dispersed.

5. At about 5.20 PM, the 1st accused proceeded towards his motor cycle parked near a petrol pump. He took out a bottle, containing some liquid, from the pouch of his motorcycle, which was later identified to be concentrate phenol as per Ext.P7(b) report of the F.S.L., approached the deceased, and splashed it over him. PW1, who on seeing this, approached them, and he too got splashed with the corrosive liquid, causing burn injuries. It is alleged that, thereafter the 1st accused attempted to set the deceased ablaze. When the deceased tried to escape, he was chased, slapped and brought down to the ground by the appellant, who drew MO.1 knife, concealed in his hip, and stabbed the deceased repeatedly on the chest, abdomen, and other vital parts, causing 14 stab wounds, apart from abrasions. He succumbed to the injuries. Following the attack, appellant allegedly poured the liquid on himself and also attempted to consume some of it, and then surrendered before the Police with MO1 in his hand. Since he was injured due to the burn injuries, he had to be hospitalised, and kept under police surveillance. His arrest was formally recorded only on 01.06.2011, after his discharge from the hospital. Being part of the conspiracy, his