JUDGMENT

Special leave granted.

2. Appellant Tholan was convicted by the learned Sessions Judge, Salem in Sessions Case No. 134/78 for committing murder of Sampat son of Marimutba Pathar on September 2, 1973 and was sentenced to suffer imprisonment for life. His appeal to the High Court of Madras was dismissed by a Division Bench or February 4, 1981.

3. A few facts relevant for the disposal of this appeal are that one K. G. Rajan was running a chit with the help of P.W. 4 Chinnu. The profit derived by this venture was being utilised to help needy school children by giving them free slates and such other articles of everyday use for school children. The balance available for this activity at the relevant time was Rs. 600. It appears that the appellant and his brother Raman gave a bid at the auction for a chit in the amount of Rs. 30 and were paid the chit amount. Appellant thereafter approached Raman with a request for a loan of Rs. 100 but P.W. 4 Chinnu informed him that it was not possible to grant loan. Some altercation took place in which the appellant is said to have used abusive language. P.W. 1 Subramanian and deceased Sampat are brothers. They were residing in adjacent houses