Testimony from close family members can be insufficient for conviction if inconsistent and untrustworthy, necessitating acquittal due to reasonable doubt.

1. Appellant, the second accused in SC No. 216 of 2004 on the file of Additional Sessions Court, Mavelikkara, was convicted and sentenced to imprisonment for life and a fine of Rs.15,000/- and in default rigorous imprisonment for two years for the offence under S.302 read with S.34 of the Indian Penal Code. The first accused was acquitted. Appeal is filed challenging the conviction and the sentence.

2. Prosecution case is that on the night of 14/03/2003 PW 2 Jijo George, the son of PW 1 Ponnamma George and deceased Georgekutty, was reading the books inside the house. PW 2 was then a student of SSLC. Deceased Georgekutty had returned after his work and was sitting near PW 2. The two accused were walking along the canal road, which lies to the west of the residential house of deceased Georgekutty, where he resides along with his wife and children. When the accused made loud noise while walking, Georgekutty came out of the house and asked them not to make noise as his son is studying. It was not liked by the accused. There was a verbal altercation between the deceased and the accused and also a push and pull. The accused then proceeded towards the south. By 11.30 pm Georgekutty went near the well, which lies to the north - west of the residential house, to take bath. After completing bath when Georgekutty was drying himself with a thorthu, the two accused came along the canal road. They stood opposite to the house of Georgekutty and asked where Georgekutty is. Hearing it Georgekutty moved towards the courtyard. First accused asked the second asccused to throw a stone at Georgekutty with the common intention to cause his death. Second accused took MO 1 granite stone and threw it at Georgekutty, which landed on his right hand in between the elbow and the wrist causing a bleeding injury. The accused left the scene. PWs 1 and 2 took Georgekutty, who was sitting on the ground sustaining injury, to the house. PW 2 went to fetch an autorickshaw. PW 2 engaged PW 4 Sundaran Nair and in his autorickshaw took the injured accompanied by PW 1 to the hospital. They first reached NSS Medical Mission Hospital, Pandalam. The doctor, finding the serious injury, advised them to take him to Medical College Hospital. The injured was taken in an ambulance to the Medical College Hospital. By the time the vehicle reached Chengannur, Georgekutty became unconscious and therefore, the ambulance was taken to the nearby Century Hospital. PW 11 Dr. Abraham Cheriyan examined Georgekutty and prepared Ext. P7 wound certificate at 1.45 am on 15/03/2003. Georgekutty breathed his last at 2.30 am. PW 1 reached the Police Station at 9 am and furnished Ext. P1 FI Statement which was recorded by PW 10, the Sub Inspector. He prepared Ext. P1(a) FIR and registered the crime and informed PW 13, the Circle Inspector who took over the investigation. PW 13 reached the hospital and prepared Ext. P2 inquest report. PW 13 furnished the necessary requisition for conducting post - mortem examination. PW 6 Dr. Amit Rawath conducted the autopsy and prepared Ext. P5 post - mortem certificate. PW 13 reached the scene of occurrence and prepared Ext. P3 scene mahazar and seized MO 1 granite stone from the scene of occurrence allegedly used by the accused for inflicting the injury on the deceased. PW 13 arrested the accused on 17/03/2003 at 10.45 am. After completing the investigation charge was laid before Judicial First Class Magistrate, Mavelikkara, who committed the accused to Sessions Court, Alappuzha. The learned Sessions Judge made over the case for trial to Additional Sessions Court, Mavelikkara. The accused were defended by a counsel of their c