J U D G M E N T

This appeal is at the instance of the sole accused in SC No.252 of 2004 on the file of Sessions Judge, Wayanad, Kalpetta, challenging the conviction and sentence imposed on him under Section 304 Part II of IPC , as per judgment dated 22.08.2006.

2. The accused was chargesheeted under Section 302 of IPC in Crime No.15 of 2002 of Thirunelli Police Station. The prosecution allegation is that, on 16.02.2002 at about 10 p.m, accused Kalan @ Kumaran committed murder of his brother-in-law Kalan by inflicting blows on his head with a stick, at the veranda of his house.

3. On committal, the appellant/accused appeared before the trial court and charge was framed under Section 302 of IPC , to which, he pleaded not guilty and claimed to be tried. Thereupon, prosecution examined PWs 1 to 10, marked Exts.P1 to P8 and identified MOs 1 to 10.

4. On closure of prosecution evidence, the accused was questioned under Section 313 of Cr.P.C. He denied the incriminating circumstances put to him, but no defence evidence was adduced.

5. On analysing the facts and evidence, the trial court found that the prosecution could not prove an offence punishable under Section 302 of IPC against th