JUDGMENT :

1. The judgment dated 3.12.2018 of the Additional Sessions Judge-II, Pathanamthitta in S.C. No. 377/2013, is under challenge in this appeal. As per the above judgment, the appellant, who is the 1st accused in the case, was charged along with two others for having committed offence punishable under Sections 294(b), 323, 324, and 302 r/w. Section 34 of the IPC. The appellant was found guilty and was convicted for the commission of offence under section 302 of the I.P.C. and was sentenced to life imprisonment and to pay a fine Rs.1,00,000/- with a default clause. Accused Nos. 2 and 3 were acquitted of all charges.

The Prosecution case:

2. “Kachanathu Kotta” is a Dravidian temple situated at Pathanamthitta. The temple festivities are usually held in the month of February. The accused is the relative of the wife of the deceased and their residences are situated in close proximity. There was an earlier incident between the accused and the deceased which led to the registration of a crime at the instance of the accused against the deceased, his son, and others. The relationship between the two persons was therefore in a strained state. The prosecution case is that, due to prior en