JUDGMENT :

Jayachandran, J.

We commence with a Chinese proverb; apposite to the facts of this case:

“If you are patient in one moment of anger, you

will escape a hundred days of sorrow.”

By sheer misfortune a son fell prey to his ungovernable passion upon witnessing an assault on his mother; but his irresistible impulse pierced the chest, involving the heart, of the assailant, his own paternal uncle. The son, sentenced to be imprisoned for life, assails the judgment of conviction for offence under Section 302 of the Indian Penal Code, in this appeal.

2. This Criminal Appeal stems from the judgment of conviction dated 28.04.2016 of the Additional Sessions Court, Vadakara in SC No.44/2012. The sole accused faced indictment for offence under Section 302 of the Indian Penal Code (I.P.C.). As per the judgment impugned, the learned Sessions Judge found that the accused is guilty of the offence alleged and sentenced him to undergo imprisonment for life, as also, to pay fine of Rs.50,000/-with a default clause to undergo rigorous imprisonment for one more year.

3. The prosecution case unfolds as follows :

On 03.01.2010, by about 2 p.m., the deceased, who is the paternal uncle of the accused, reach