Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court confirming his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘IPC’), and sentence of imprisonment for life as awarded by the learned Sessions Judge, Kanyakumari.

3. Background facts as unfolded during trial by the prosecution are essentially as follows: ­

One Selvamani Nadar (hereinafter referred to as the ‘deceased’) was having industry and he employed a number of girls. The accused used to make fun of the girls/workers outside the factory and this was objected to by the deceased several times. On that score, there had been enmity between the deceased and the accused.

4. At about 8.30 p.m. on 1.5.1990, PW-1, PW-2 and one Murugesan were standing in front of Bensam Ground, south of Kulachal-Nagercoil Mail Road. The accused was sitting on the eastern side of a culvert. There was a tube light burning and hence there was enough light at that place. At that time, the deceased, who came in a bicycle proceeding from east to west, took a turn towards south. The accused rushed to the deceased