Judgment

Balakrishnan, J.

The appellant was convicted by the Sessions Judge, Thodupuzha for offence punishable under Section 302 I.P.C and was sentenced to undergo imprisonment for life. This appeal is directed against the said conviction and sentence passed against him.

2. The gist of the prosecution case is as follows:

A sum of Rs.1300/- was due from the accused to deceased Periyaswamy. On 11.4.2004 at about 7.30 PM, while deceased Periyaswamy was proceeding to his house and when he reached near the house of one Veerayya at about 7.30PM, he saw the accused standing there. The deceased asked the accused to pay the amount due to him. The accused stated that he was not having money. The deceased then insisted for payment of money and restrained the accused. The accused then took out the knife (M.O.5) from his waist and stabbed the deceased several times.

Crl.A.23/07 2 His son (P.W.6) and others who reached there took the deceased to Tata General Hospital, Munnar. He was examined by the doctor. On the next day, the Sub Inspector of Police (P.W.14) reached the hospital and recorded Ext.P7 F.I.Statement of the deceased. On the same day, i.e., on 12.4.2004 at 11.05 PM Periyaswamy succumbed t