JUDGMENT

BHAGWATI, J.:— This is an appeal by special leave against the conviction and sentence of death imposed by the Additional Sessions Judge, Salem and confirmed by the High Court of Madras.

2. One Natesan and his wife Ranganayaki, to whom we shall, for the sake of convenience, refer as the deceased, were living together in a house situate at Mutthu Undal Lane in Nammakkal. Natesan was a tailor by profession and he had his tailoring shop in Sannadhi Street about a furlong away from his house. He had also a small petty shop adjoining his House on the western side which was looked after by the deceased. The appellant, who is the son of the maternal uncle of Natesan was regularly taking his meals with Natesan since some time before the date of the incident, as he was unmarried and had no employment at the relevant time. According to the prosecution, about three months prior to the date of the occurrence, the appellant made advances to the deceased and wanted to satisfy his lust by sexual intercourse with her, but she spurned him and drove him out of the house, Natesan was not then in the house and when he came back at night, the deceased complained to him about the improper conduct