JUDGMENT

P. Venkatarama Reddi, J.-This is a case in which the accused-appellant killed his younger brother after picking up quarrel on a petty issue and all the eye witnesses including the wife of the deceased have turned hostile. The conviction of the appellant by the Sessions Judge, Salem is on the basis of two dying declarations - the first one made to the police constable (PW 9) and the second one recorded by PW 11, the Judicial Magistrate, Erode. The High Court confirmed the conviction under S. 302 IPC relying on the 1st dying declaration.

2. According to prosecution, on the evening of 17.11.1989, the deceased went to the land close to his fields to fetch water from the bore well. When he found his elder brother i.e. the accused whistling at that place, he questioned him as to why he was whistling at a place frequented by ladies. The accused having got enraged at this, ran towards his hut; the deceased followed him and queried as to why he was running. Within a few minutes, he came out of his hut with a sphere, hiding himself alongside the adjoining corn-field and pounced on the deceased and stabbed him on his abdomen and chest. The deceased tried to resist and even pushed the