Appellant was tried for the offences under sections 307 and 302 read with section 34 of indian Penal Code by Additional Sessions Court, Thiruvananthapuram in S.C.1412/2004. The second accused died even before submitting the final report. Learned Sessions Judge convicted the appellant and sentenced him to imprisonment for life and a, fine of Rs. 50,000/- and in default rigorous, imprisonment for two years for the offence under section 302 read with section 34 of Indian Penal Code and rigorous imprisonment for five years and a fine of Rs.15,000/- and in default rigorous imprisonment for one year for the offence under section 307 read with section 34 of Indian Penal Code. The appeal is filed challenging the conviction and sentence.

2. Prosecution case is that second accused was having illicit relationship with the wife of the first accused. PW1 as well as his neighbours cautioned the second accused not to go to the house of the first accused which was not liked by the second accused. Due to the enemity towards PW1, on the midnight of 5.6.1997 while PW1 Surendran was sleeping in the veranda of his house, both the accused came near to the house and made sound. PW1 woke up and warned the accused to go away. The second accused asked PW1 who he is to command them to go. First accused slashed M01 sword on PW1 causing injury to his left wrist, left cheek and left little finger. Second accused with the intention to cause his death took out M02 pen knife and stabbed on the back of PW1. When PW1 cried, his brother deceased Unni who was sleeping inside the house came out and caught hold of the sword in the hands of first accused. First accused asked the second accused to finish Dnni and using M02 pen knife second accused inflicted injuries on deceased Unni two or three times and as a result, he fell down. PW9 Anil Kumar another brother of PW1 also reached there. Both the accused carrying M01 and M02 left the scene. PW9 and others took PW1 and injured Unni to Medical College Hospital, Thiruvananthapuram. PW 13 Dr. Thomas Assistant Professor in Surgery, examined Unni and prepared Ext.P8 wound certificate and admitted him in the hospital as an inpatient. PW13 examined PW1 and prepared Ext.P9 wound certificate, and admitted him also as an inpatient. Deceased Unni breathed his last on the same night. PW14 the Head Constable of Attingal Police Station on getting information that injured Unni and PW1 were taken to Medical College Hospital and later Unni died from the Hospital, informed the Sub Inspector of Police and took steps to guard the scene of occurrence and then proceeded to Medical College Hospital. PW14 recorded Ext.P1 First Information Statement of PW1 at 8.30 a.m. on 6.6.1997 and on returning to the Police Station prepared Ext.P10 F.I.R. and registered Crime 247/1997 for the offences under Sections 307 and 302 read with section 34 of Indian Penal Code and Section 27 of Arms Act. PW17 the Circle Inspector of Police took over the investigation on the same day. He reached the Medical College Hospital and conducted the inquest and prepared Ext.P6 inquest report. He submitted the necessary requisition for autopsy. PW7 Dr. Sreekumari, Professor of Forensic Medicine, performed autopsy and prepared Ext.P4 postmortem certificate. PW17 reached the scene of occurrence at 4.15 p.m. on the same day and prepared Ext.P3 scene mahazar. At that time M03 shirt and M04 dhothi which were worn by the deceased at the time of the incident were produced by PW6, the brother of PW1 and they were seized, so also M05 bed sheet and M07 blood stained soil and M08 soil without blood stains were seized. First accused was detained by public at Puthiyakav of Kilimanoor. The Sub Inspector of Police, Attingal reached there and finding that first accused sustained injuries, admitted him in the hospital and kept him under surveilance. When the first accused was discharged from the hospital on 9.6.1997, PW17 arrested him. On the information furnished by the first ac