judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the appeal filed by the appellant who was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs.200/- with default stipulation. The conviction was recorded and sentence imposed by learned Additional Sessions Judge Gobichettipalayam in Sessions Case No. 59 of 2002 dated 03.09.2002.

3.Factual background in a nutshell is as follows:

The accused Kunju @ Balachandran is the resident of Ceylon Refugee Camp at Bhavanisagar. Sudhakaran (hereinafter referred to as the deceased) also was residing in the same Refugee Camp. Prior to the date of occurrence, the parents of the accused arranged to get his marriage with Selvi (PW-5). Betrothal ceremony was also over. The deceased fell in love with Selvi (PW-5). Two days prior to the date of occurrence, the deceased met PW-5 and offered flower to her. PW-5 refused to receive the flower and told him that already her betrothal was held with the accused. This incident was informed to the