The prosecution must prove guilt beyond reasonable doubt, and the right of private defence arises only when this burden is met, which was not established in this case.

1. The appellant in Crl. Appeal No. 408 of 1979 has been convicted by the Additional Sessions Judge, Parur, under S.304 Part II, IPC. and sentenced to undergo rigorous imprisonment for a period of 7 years He is aggrieved by the conviction and sentence entered against him. The State has filed Crl. Appeal No. 59 of 1980 contending that the Trial Court ought to have recorded a conviction under S.302 IPC.

2. PWs 1 and 5 are sons and PW 6 the brother of the now deceased Kumaran, who died in the occurrence which took place on 14-3-1979 at 1.30 p.m. in front of PW 2's shop in Puthenvelikkara village. There was an earlier Sessions case, in which PW 1's brother Sudheesh was charged with the offence of murder of Raman Kunhi, the father of the present accused and the case ended in acquittal. Since then the members of the two families have been on terms of enmity. Near the shop of PW 2 is the toddy shop, of which PW 4 is the Manager and PW 3 an employee There, was an exchange of words between PW 3 and deceased Kumaran inside the toddy shop and they came out to the shop of PW 2. At that rime the accused was at the shop of PW 2. Kumaran mentioned the case against Sudheesh, which was objected to by the accused. PW 2 asked them to leave the shop. Kumaran proceeded eastwards and the accused also followed him. The accused took M. O. 4 'muttikkal' from his waist and gave a blow, which fell on the left cheek of Kumaran, who tried to avoid the blow, tripped and fell down. Immediately the accused took MO 5 tappers knife from his waist and inflicted cuts on the forehead and both the legs of Kumaran and left the scene taking his weapons. PW 2 rushed and gave information to PW 6. PW 5, who happened to come to the scene, bandaged the injuries with his 'thorthu', MO. 6. A taxi was fetched. But the taxi driver felt giddy on seeing the injured. The injured was put in a cot and carried by PW 2 and others and taken to Puthenvelikkara hospital, where PW 8, the doctor, advised the injured to be rushed to the District Hospital, Ernakulam. Meanwhile PW 1, who heard about the occurrence, went to the scene, came to know that the injured was removed to the hospital and proceeded to the Puthenvelikkara hospital. From there the injured was taken in a car to the District Hospital, Ernakulam. When the car reached near Ernakulam at about 4.15 pm. Kumaran died. When he was taken to the to the hospital he was found to be dead. The doctor in charge gave a phone message to the Central Police Station, Ernakulam, from where a police constable, PW 14, was sent to guard the body. A phone message was sent from the Central Police Station to the Vadakkekara Police Station stating that PW 1 was on his way to the station to give information. PW 1 along with mother and others returned home. Thereafter PW 1 went to the Vadakkekara Police station at about 7.30 p.m. and gave Ext. P1 statement' on the basis of which PW 19, the Asst. Sub Inspector of Police, registered Crime No. 42 of 1979 against the accused. PW 19 sent PW 15 to guard the same. Meanwhile, at 3.15 p.m. the accused went to Government Hospital, Parur, where he was admitted as inpatient by the doctor, PW 9, who also sent information to the Parur Police station, from where PW 18, the Asst. Sub Inspector of Police, went to the hospital and recorded Ext. P13 statement of the accused registered a case as Crime No, 69 of 1979 and transferred the case to Vadakkekara Police station PW 20, the Sub Inspector of Police, Vadakkekara re-register