JUDGMENT : -

Chelameswar, J.

1. This appeal arises out of the judgment dated 6th January 2010 of the Madurai Bench of the Madras High Court in Criminal Appeal No.506 of 2004.

2. By the impugned judgment, the High Court confirmed the appellant’s conviction and sentence of imprisonment for life and a fine of Rs.10000/-under Section 302 of the Indian Penal Code, 1860 (for short “IPC”) awarded by the Sessions Court, Madurai in Sessions Case No.490 of 2003.

3. The deceased Muthuramaligam was a high school going child studying Plus-Two. PWs 1 and 2 are his parents. PW-5 Ramathilaga another young girl was also a student of the same school where the deceased was studying. The appellant herein was working for the father of PW-5.

4. According to the case of the prosecution, on 12.6.2002 at about 5.15 p.m., there was a phone call from the appellant herein to the deceased which was initially picked up by PW-1. According to PW-1 the caller identified himself by his name (same as the appellant). After some conversation with the caller the deceased went out by bicycle informing his parents that he would return soon. Unfortunately, he never returned. On 14.06.2002 at about 10 a.m., PW-1 went to the