JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. This Criminal Appeal has been filed by the accused in S.C. No. 969/2010 of the Additional District and Sessions Court, Thiruvananthapuram (arising out of Crime No. 303 of 2008 of Palode Police Station) against his conviction and sentence for the offences punishable under Sections 323, 324 and 302 of the Indian Penal Code [hereinafter referred to as the ‘IPC’].

The prosecution case:

2. The prosecution case is that the victim, now deceased, had an argument with the appellant over not joining him at a percussion performance in connection with the Srikrishnajayanthi celebrations, that took place a few days before the incident. This led to the appellant harbouring a grudge against the victim. On August 30, 2008, at around 5:30 p.m. while the victim, his cousin PW-1 Surendran, and the victim’s sister PW-2 Rejitha were having a conversation on the public road in front of the victim’s house, the appellant approached them with a knife in hand. He kicked the victim and caused him to fall to the ground, and stated that he had been looking for him for some time to seek revenge. After the victim fell face down, the appellant stabbed him in the back, causi