JUDGMENT

 Delay condoned.

2. This is an appeal under Section 379 of the Code of Criminal Procedure read with Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. The sole applicant was tried for an offence punishable under Section 302, I.P.C. for causing the death of one Karuthammal, the deceased, by cutting her with a knife on her abdomen and left knee on 22-6-78 at about 9.30 p.m. as a result of which the deceased died in the Erskine Hospital, Madurai on 30-6-78. The case rested mainly on the evidence of P.Ws. I and 2, the eye-witnesses and other circumstantial evidence. The trial Court rejected the evidence of the eye-witnesses on the ground that they could not have been residing in the house in which the occurrence has taken place. In an appeal against the said acquittal the Division Bench of the High Court in an elaborate judgment considered the entire evidence on record and the reasons given by the trial Court in rejecting the same and reached the conclusion that the view taken by the trial Court is perverse and unreasonable and accordingly set aside the order of acquittal and convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. Hence the present appeal.

3. Mr. M. S. Ganesh, learned Counsel for the appellant submits that the Division Bench of the High Court has overlooked the fact that two views are possible in this case and erred in reversing the view taken by the trial Court which is also a reasonable one. In other words, the submission is that the prosecution has not established its case beyond all reasonable doubt and, therefore, the trial Court was right in acquitting the appellant.

4. To appreciate the submission, it becomes necessary for us to state few facts.

5. The deceased was the step-mother of the appellant and Muthukannu Thevar, husband of the deceased and father of the accused, was residing in a house in First Street, Ram Nagar, Marimedu, with Madurai City. The said Muthukannu Thevar, besides the above house, was also owning two other houses in this locality, a garden land in Perungame Vallur and other house site. His first wife was Meenakshi Animal. The accused and his elder brother Bose were born to Thevar through his first wife. Bose had married Saraswathi, the daughter of Mokkamayandi who is his maternal uncle. About six years prior to the occurrence, Bose died. Thereafter his wife Saraswathi went to her parents house and lived with them. After the death of his first wife, Muthukkannu Thevar married the deceased as his second wife. P. W. 1 is the daughter of the deceased and she was given in marraige to P.W. 2. After their marriage P.Ws. 1 and 2 had been living in Pykara which is adjacent to Madurai. About some days thereafter, the accused demanded the deceased for a partition and in that account there were some disputes. However, a partition took place and it is alleged that the accused was living a wayward life and squandered away his properties. Having married Saraswathi, he asked again a share in the house. The deceased refused to give the share demanded by the accused. On account of this, the accused began to stay in the house of P.W. 12 Subbiah adjacent to the house of the deceased where he was giving trouble to the deceased and a complaint was given by her. While matter stood thus, at about 9 p.m. on 22-6-78 after taking food, P.W. 1 and her husband P.W. 2 were sitting in the open terrace in the first floor, the moon was shining bright and the street lamps were also burning. P.Ws. 3 and 4 were sitting in the threshold of the house. Just then the accused came inside by passing through the doorway armed with the knife and stabbed the deceased on the abdomen and inflicted injury on the left knee.P.Ws. 1 and 2 shouted and the accused was seen brandishing the knife and threatening the people present there. On hearing the alarm raised by P.W. 1 and the deceased O.Ws. 3 and 4 came there and saw the accused running away. P.Ws. 1 and 3 kept