ORDER :

N. Anil Kumar, J.

The appellant, Vava @ Pichathi Vava @ Shajahan, was the accused in SC No. 1086/2014 of the Additional Sessions Court-I, Kozhikode and convicted of having committed the murder of one Aneesh on 16.03.2014 at Thazhe Kotakkattupara in Thiruvambady Grama Panchayath.

2. The prosecution case, in brief, is as hereunder :

On 16.03.2014 at 20.15 hrs at Thazhe Kotakkattupara in Thiruvambady Grama Panchayath, the accused, who had been waiting on the side of the road, had occasion to see the deceased Aneesh along with PWs 2 and 8 on a motorcycle at the place of occurrence. He had immediately shown a signal to stop the motorcycle and had exchanged words with the deceased in connection with an untoward incident, which happened on the very same day evening at Pulloorampara bazaar. During the course of exchange of words between the accused and the deceased Aneesh, the accused suddenly took out a knife from his waist and mercilessly stabbed Aneesh with a deliberate intention to cause his death. Consequent to the assault, Aneesh sustained severe injuries on his stomach. Soon after the occurrence, the injured was taken to the Lisa Hospital at Thiruvambady. As advised by the doctors, the injured was then taken to the Medical College Hospital, Kozhikode for better management. The doctor attached to the Medical College Hospital, Kozhikode examined the injured and proclaimed that the injured was brought dead.

3. An FIR was registered on 17.03.2014 on the strength of Ext.P1 First Information Statement. PW1 is the informant. PW1 testified before the court that he was an autorikshaw driver by profession. On 16.03.2014, he had been to Kotakkattupara. On his return trip therefrom, he reached a place, namely, Murikkittathodi, where he had an occasion to see and chat with his friends-Prathin, Sudheesh and PW4 Arun. In the meanwhile, he received a phone call from Chettoor Babu (PW8) informing that Pichathi Vava (the accused) stabbed Aneesh and had asked him to reach Pulloorampara by his autorikshaw. When he reached near the house of Pulivelil George at Thazhe Kotakkattupara, he saw Jobish (PW2) and Chettoor Babu (PW8) holding the injured Aneesh. He got Aneesh boarded in his vehicle along with Sudheesh, Anoop (PW3) and Chettoor Babu (PW8). Though they took the injured to the Lisa Hospital, Thiruvambady, after giving him the required first aid, the doctor advised them to take the injured to the Santhi Hospital, Omassery. Then, the injured was taken in an ambulance to the Santhi Hospital and thereafter, to the Medical College Hospital, Kozhikode. From the Santhi Hospital, PW1 returned to his house in his autorikshaw. When he reached the house, Chettoor Babu (PW8) informed him that Aneesh had succumbed to the injuries.

4. The postmortem examination of the body was conducted by Dr.Sujith Sreenivas (PW16) at the Medical College Hospital, Kozhikode on 17.03.2014. PW16, who was working as Assistant Professor and Deputy Police Surgeon at the Department of Forensic Medicine, Medical College Hospital, Kozhikode, issued Ext.P9 postmortem report. The external injuries found on the dead body of the deceased as described in the postmortem certificate issued by PW16 were four in number, which are as hereunder;

(1) Incised wound 2.5 cm long gaping for 1.5 cm obliquely placed, on the right side of abdomen with a left lower end and right upper end. The injury was 14 cm to the right of lower margin of umbilicus. The margins were sharply cut with the inner lower end, blunt and outer upper end, pointed. Marginal skin contusion seen around the blunt end. The outer half of the lower margin of the incised wound was abraded with a side cut (0.5 x 0.3 x 0.3 cm) along the lower margin 1cm outer to inner end. Faint marginal abrasion seen along with outer two third of upper margin of the incised wound. Abdominal fat seen protruding out the gaping injury. The injury was 11 cm above the groin and 14 cm outer to midline. The injury was 97 cm above heel. The wound extended