Anna Chandy, J.-The appellant Gopalakrishnan Nair alias Chandran stands convicted under section 302, Indian Penal Code, for having murdered one Devaisia alias Kochu by stabbing him with a knife as also under section 324, Indian Penal Code, for stabbing one Chacko. The sentence of imprisonment for life on the first count and the sentence of imprisonment for six months for the second are directed to run concurrently. The incident took place at about 9-30 p.m. on the 6th of December, 1964, on a public road in Bharananganam Village.

While Chacko (P.W. 1) was on his way home along the Kurumanoor Pykada Peedika road he happened to meet Kochu who also was returning home along the same route and the two proceeded together. When they came near the Mattathil purayidom where they had to take different paths they sat on the top of an old “kayala” (wall) with a view to continuing their conversation When they were there for about five minutes the accused accompanied by P.W. 2 Raghavan came from the north. Raghavan had a lighted country torch which he was holding aloft. According to the prosecution when they neared the place where Kochu and P.W. 1 were seated Kochu asked the accused whether he had

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