Judgment

KHANNA, J.:- Perumal Perumal alias Thankachan (41) was convicted by the learned Additional Sessions Judge Mavelikkara for an offence under Section 302 Indian Penal Code for causing the death of Varkey John alias Kunjukutty (42) and was sentenced to death. On appeal and reference the Kerala High Court affirmed the conviction and sentence awarded to the accused. The accused thereupon came up in appeal to this Court by special leave. The leave was, however, restricted to the question of sentence only.

2. The prosecution case is that the accused had collected money in his village for the construction of a bund. When the construction of the bund became no longer necessary, the accused returned the money to some of the persons from whom he had collected the same. Kunjukutty deceased had also paid money to the accused in that connection, but despite the demands made by Kunjukutty the accused did not return the money paid by Kunjukutty. As Kunjukutty had been making demands for the return of the money to the accused in public, the accused felt insulted. About a week before the present occurrence, a quarrel took place between the accused and Kunjukutty deceased on a public road. Othe