JUDGMENT

J.M. PANCHAL, J.—

1.This appeal is directed against the judgment dated 28th March, 2005 rendered by the High Court of Judicature at Madras in Criminal Appeal No.648 of 1997, by which, judgment dated February 14, 1997 passed by learned First Additional Sessions Judge, Coimbatore in Sessions Case No.63 of 1996, convicting the appellant under Section 302 of the Indian Penal Code (for short the Code) and sentencing him to R.I. for life, is confirmed.

2.The facts emerging from the record of the case are as under:

“The appellant is a resident of village Thirumalainaickenpalayam. The name of his younger brother is Dorai @ Nataraj, who was also residing in the same village at the relevant time. The elder daughter of Nataraj was going to Pioneer Mill School for studies. She had an affair with one Kirshnamurthy, who was a teacher in the school. Therefore, Mr. Dorai vacated his house situated in village and shifted his family to a house located in the garden. He also stopped Punitha from attending the school. Punitha, however, eloped with her teacher and, therefore, a missing report was lodged by Dorai @ Nataraj with Periyanaickenpalayam Police Station. The appellant came