Judgment

Vikramajit Sen, J.

1. This Appeal by Special Leave is directed against the Judgment of the High Court of Madras dated 5.10.2005 whereby the conviction of the Accused/ Appellant Nagaraj under Section 302 IPC came to be affirmed. The Accused was sentenced to Life Imprisonment and was further directed to pay a fine of Rs.1000/-, in default of which he would have to undergo rigorous imprisonment for three months.

2. The sequence of events leading to the fateful incident, as presented by the prosecution is as follows. According to Mari Chetty PW3, the Accused and the Deceased came to his house in Bargur at 9.30 a.m. on 24.7.2000 to borrow money from him for the purposes of their textile business. This was the first time PW3 met the Accused; and the Deceased informed him that the Accused had joined him in business on the basis of commission. He and the Accused also informed PW3 that they were going to Bangalore and then to Salem for their business. Thereafter, according to Rajammal PW4, the mother of the Deceased, the Accused and Deceased left Srinivasapuram for Salem at 2.00 p.m.; she has corroborated that the Accused was working in the textile business with the Deceased. The deta