JUDGMENT

Balakrishnan Nair, J.

The appellant was the accused in S.C. No.

742 of 2004 on the files of the Sessions Court, Kozhikode.

The case of the prosecution in brief is as follows:

The appellant/accused was living along with his parents. He was in the habit of taking liquor and smoking ganja. He used to harass his parents and brothers for money. Because of the incessant harassment, the members of the family shifted residence from the house where the appellant was staying. Even thereafter, the deceased who was the younger brother of the appellant used to come there and take bath in the bathroom of the house of the appellant. On the fateful day, 10.7.2002 at about 5 p.m., the appellant stabbed his younger brother Dirshad Ali when he came for bath in the house of the appellant. PWs. 1 and 2, saw the deceased running out from the house shouting that Shoukath has stabbed him. They also found the appellant chasing the deceased with a blood stained knife in his hand, shouting that he would kill him. The deceased fell down in the pathway in front of the house of PW.1 and thereupon, the appellant ran away. PWs.1 and 2 came to the scene. It was found that the deceased was lying drenched in blo