JUDGMENT :

M.R. Anitha, J.

1. Appellant is the accused in S.C. No. 161/2013 of Additional Sessions Judge, Irinjalakuda. By the impugned judgment he has been convicted and sentenced by the court below under Secs. 302, 307 and 201 IPC.

2. The prosecution case in short is as follows:

On 24.9.2011 at about 7.45 pm the accused, PW1, PW3 and CW4 assembled at the rear compound of Thythara temple and there occurred some wordy altercation between the accused and PW3. It was questioned by PW1. The accused thereupon had a quarrel with PW1 and people assembled there sent him away from there. Out of that enmity, accused at 8.45 pm came near the house of PW1, while he was about to go by his motor cycle, and stabbed at his left side of abdomen and left leg with MO1 knife. Then deceased came to the spot and intervened. There upon accused stabbed him fatally below the left chest and on the back of left shoulder by MO1 and caused instant death of the deceased. He gave a false confession initially resulting in recovery of MO10 knife and subsequently gave Ext. P10(a) disclosure statement leading to recovery of MO1 and it has been done with the intention of escaping from a possible conviction.

3. On the side of prosecution, PWs. 1 to 19 were examined and Exts. P1 to P19 were marked. MO1 to MO10 were identified and marked. After the closure of the prosecution evidence accused was questioned under Sec. 313(1)(b) Cr.P.C. He denied all the incriminating facts and circumstances put to him and also filed an additional statement making a total denial of the prosecution case. Exts. D1 to D6 are contradictory statements marked during the cross-examination of prosecution witnesses. Apart from that, no defence evidence was adduced. Thereafter on hearing both sides, the court below convicted and sentenced the appellant to undergo rigorous imprisonment for life and to pay fine of Rs. 75,000/- in default to undergo rigorous imprisonment for six months under Sec. 302 IPC; imprisonment for life and to pay fine of Rs. 60,000/- in default to undergo rigorous imprisonment for five months under Sec. 307 IPC and also found guilty under Sec. 201 IPC, no separate sentence was awarded.

4. Aggrieved by the conviction and sentence passed against the appellant/accused, he came up in appeal for the various grounds stated in the memorandum of appeal.

5. Heard the learned counsel for the appellant/accused and the learned public prosecutor. Lower court records were called for and perused.

6. PW1 is the victim who gave Ext. P1 FIS and on the basis of the same, PW9 who was the SHO, Kodungallur, on 25.9.2011 registered the FIR which is marked as Ext. P7. Thereafter PW19 the Circle Inspector of police, Kodungallur took charge of the investigation, conducted the inquest and prepared the scene mahazar, arrested the accused and questioned him and two recoveries were effected as per the disclosure statement given by the accused. Ext. P5(a) is the initial disclosure statement given by him, based on which MO10 knife was recovered by describing in Ext. P5 seizure mahazar in the morning of 26.9.2011. But on showing MO10 weapon to PW1, he stated that it was not the weapon used by the accused and on questioning the accused further, he gave Ext. P10(a) disclosure statement and based on which MO1 knife was recovered by describing in Ext. P10 seizure mahazar. Thereafter he produced the property list, Ext. P16 series, and got the site examined by the Village Officer, PW17, through whom Ext. P12 scene plan was marked. PW18 is the doctor who examined PW1 at Medical College hospital, Surgery department and issued Ext. P13 wound certificate. PW10 is the Assistant Professor and Deputy Police Surgeon, Medical College hospital, Thrissur during the relevant time who conducted the postmortem on the body of the deceased and issued Ext. P8 postmortem certificate. Ext. P18 is the forwarding note for forwarding the articles to the chemical examiner's laboratory and Ext. P19 is the Chemical Examiner's report. Ther