JUDGMENT :

The above appeal is filed against the judgment dated 05.04.2005 in Sessions Case SC No. 141/2004. On the file of the Additional Sessions Judge-Fast Track Court–I (Adhoc) Manjeri. The appellant herein was convicted and sentenced by the Trial Court, under Section 304, Part I of the IPC.

2. The Prosecution case is that, on 26.11.2002 at 10 pm, the appellant stabbed the deceased Sajeer with a dagger from a place near to the Keerthi Theatre at Nilambur and that the victim succumbed to the injuries by undergoing treatment at MIMS hospital, Kozhikode, on 11.12.2002. Hence the Investigating Officer filed a Final Report against the appellant alleging offence punishable under section 324 and 302 of the IPC. To substantiate the case, the prosecution examined PW1 to PW15. Exts. P1 to P18 are the exhibits marked on side of the prosecution. MO1 is the material objects marked in this case.

3. After going through the evidence and the documents, the Trial Court found that the accused is not guilty under Section 302 and 324 of the IPC, but convicted him under section 304 Part I of the IPC and sentenced him to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.5000/-. In defaul