(1.) The appellant Kunhootty has been convicted under S.302 and 324 of the Indian Penal Code and sentenced to suffer life imprisonment with a concurrent sentence of six months rigorous imprisonment by the Sessions Judge of Tellicherry for causing the death of one Joseph and causing hurt to Pw. 1, John by a dagger at about 7 P.M. on 15-4-58.
(2.) The prosecution case may be stated as follows:
(3.) The accused stated in the Trial Court that when he was returning from his work in the estate, he saw the brothers Pw. 1 and the deceased fully drunk and beating each other. He caught hold of Pw. 1s hand to stop the quarrel. Pw. 1 resented this and asked him what business he had to interfere and stabbed him with a knife. He warded off the stab when the injuries on his palm and left hand were caused. He then wanted to go home and on his way home in the darkness Pws. 6 and 7 accompanied him to his house. He admitted the ownership of the dagger M. O.8, but denied that he took it out with him.