JUDGMENT

RAY, J. :— This appeal by special leave is directed against the judgment and order dated 19-2-1981 passed in Criminal Appeal No. 105 of 1980 by the High Court of Judicature at Madras confirming the conviction and sentence passed against the appellant by the Sessions Judge, West Thanjavur Division convicting the accused under section 302 Indian Penal Code and sentencing him to undergo imprisonment for life. The prosecution case is that P.W. 1, Nagarajan who is a cooly by profession came to the house of Srinivasa Naidu who is living in Nandavanam belonging to Uppiliappankoil at about 5 A.M. on September 20, 1978 to do work in the garden as he was asked by Srinivasa Naidu on the previous day i.e. September 19, 1978 to meet him for doing work in the garden. At that time Srinivasa Naidu was not in the house and so he met the wife on Srinivasa Naidu and enquired of her as to what work he had to attend. At that time he heard a noise emanating from the eastern direction about 200 feet away. P.W. 1 then went towards that part of the garden and found that accused A-1, Kannan with M.O. 1 stick and A-2 , Vahula Bhushan alias Vanula Krishnan with M.O. 2 stick has been beating the dece