Shamsuddin, J.

1. The accused in Sessions Case No.85 of 1984 on the file of the Court of Session, Trivandrum, is the appellant. He was charged for offence punishable under S.302, I.P.C. The lower court found him guilty of the said offence and sentenced him to undergo imprisonment for life Aggrieved by the conviction and sentence passed by the lower court, the accused has filed this appeal.

2. The prosecution case may be summarised as follows:

The Appellant is the owner and driver of lorry No.KLO.6855. The deceased Sivadasan was its cleaner. The occurrence took place on 28-8-1983 at 2.30 p.m. at the premises of the petrol bunk of Radhakrishnan and Company situated on the western side of the road near Kilimanur junction. P.W.1 went to Kilimanur market to borrow Rs.15 from one Kamalan. He borrowed the money from him and purchased some medicines from a drugs shop and was returning home. On the way he found Sivadasan sitting on a verandah of shop of Anandan Muthali situated near the market. The appellant was also with him. Thereupon P.W.1 asked the appellant to lend him 1.50. The appellant gave him Rs.1.25. Sivadasan asked the appellant to gave 25 paise more. In the course of con