George rushed towards Dominic and stabbed him with the knife.
Dominic was stooping down.
Dominic was taken to the Government dispensary and on the way he died.
There was ex change of words between the appellant George and his elder brother Dominic in the companyrse of which George drew out dagger from his waist and Dominic bent down to pick up a stone.
Indian Penal Code for having murdered his elder brother on 20 March, 1967.
The evidence of Mathai was that when he saw George passing by his side with the knife.
Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years.
The trial Court found Mathai to be an independent and respectable witness.
The trial Court therefore gave the benefit of reasonable doubt to the appellant George and acquitted him.
His attempt to pacify both the elder brother and the appellant was in vain.
The appellant was charged under Section 302.
George again stabbed Dominic on the left thigh causing an incised gaping wound on the upper third of the left thigh.
Immediately thereafter George ran away.
His evidence was that he had number seen George drawing out the knife.
There were property disputes.
There were three eye wit nesses.
The prosecution case was as follows.
Dominic then was re moved a little towards east and George towards west George who was behind Mathai suddenly passed him by his side with a knife and stabbed Dominic.
The stab was warded off by Dominic.
According to Mathai these acts of George and Dominic were simultaneous.
The trial Court found that George and Dominic were on bitter inimical terms.
The appellant George took the plea of, right of, self defence.
When the quarrel assumed an aggravated form Mathai intervened and separated both Dominic and George.
Before Dominic companyld rise after picking up the stone.
N. Ray, J. This is an appeal by special leave from the judgment dated 19 September.
1968 of the High Court of Kerala setting aside the order of acquittal passed by the Sessions Court on 17 July, 1967 and companyvicting the appellant under Section 304.
