ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the judgment of the division Bench of the Madras High Court upholding conviction f the appellant under Section 302 of the Indian Penal Code, 1860 (in short the 'ipc'), as was awarded by learned Sessions judge, Kamarajar, District at Srivilliputtur in Sessions case no. 99 of 1994.

( 3 ) THE prosecution case in a nutshell is as follows:-At about 8. 30 p. m. on 4. 4. 1993 the accused indiscriminately cut the victim-Alagarsamy (hereinafter referred to as 'deceased') resulting in his instantaneous death. PWs 1 and 2 were examined as eye witnesses to the occurrence. Gurvammal is the elder sister of PW 1 and deceased alagarsamy is her husband. The accused was known to him. Guruvammla died leaving behind two children - a girl and a boy. This made his father (PW 2) to bring Alagarsamy to his house. At about 8. 30 p. m. on the occurrence day, he was standing opposite to the house of Ramaiah with his son, after returning from the house of Visalam. PW 2 was also coming in the street from the shop and he asked as to whether he had gone to Visalam's house and come back. Alagarsamy alighted from the bus and PW 2 also ask