S.K. Kader, J.

The appellant has been convicted by the Court of Session, Kozhikode, for an offence punishable under S.302 of the Indian Penal Code and sentenced to imprisonment for life.

2. The incident was on the night of November, 23, 1975 sometime between 8 p.m and 9 p.m., at a place, on the northern corner of the property of one Thomas, within the limits of Kuttiadi Police Station. Thomas, the deceased in this case, aged 50, was a farmer residing with his wife Rosa (Pw. 3), and son Jose (Pw. 2) in Maruthonkara in Badagara Taluk. Pocken (Pw. 1) Luis (Pw 4). Kuttappan alias Chacko (Pw. 5) and the appellant herein are said to be neighbours of the deceased residing in the same locality. Luis was running a provision shop at Mullankunnu Bazar. On the date of occurrence at about 7-30 p.m. Pw. 4, Pw. 5, Thomas (the deceased) and the appellant had been to a nearby arrack shop and all of them consumed arrack. All the four then together left the arrack shop and were returning to their respective houses. On reaching near his house, Pw. 4 parted their company and went to his house pw. 5, the deceased and the appellant proceeded further till they reached near the house of the appella