The prosecution must prove the guilt of the accused beyond all reasonable doubt by letting in implicitly reliable evidence.

RATNAVEL PANDIAN, J.

This appeal is preferred by the accused in S.C. No. 6 of 1980 on the file of the Court of Session, Madurai Division challenging the correctness and validity of the judgment, convicting him under Section 302, I.P.C. and sentencing him to imprisonment for life.

2. The crux of the indictment of the prosecution is that, on 15-9-1979 at about 1.30 p.m. in the Bazaar Street at Chinnalapatti village, the appellant (accused) caused the death of Kalyani, hereinafter referred to as the deceased, by cutting him with an aruval (bill-hook) M.O. 1 on the upper part of the left shoulder, on the right scapula, on the left side of the neck, on the ankle of the left leg and other parts of the body and thereby made himself liable to be punished under Section 302. I.P.C. To substantiate the above charge, the prosecution has examined P.Ws. 1 to 14 filed Ext. P-1 to P-18 and marked M.Os. 1 to 12.

3. The scene village is known as Chinnalapatti lying within the jurisdiction of Ambathurai Police Station. The deceased Kalyani, agent about 23, was a resident of Marimuthu Asari Lane in Channakalikkam Patti, a suburb of Chinnalapatti. P.W. 3 is the mother of the deceased and he was the only son of his parents. His father died long prior to the occurrence. The deceased was permanently employed by P.W. 1, who had been letting on hire electrical goods, such as mike sets, tube lights, serial sets etc. having his business place in a portion of his house under the name of Rathinam Sound Service. The accused was also having a similar shop and was letting on hire mike sets, tube lights etc. besides having a betel-nut shop cum tea shop there. The accused's business premises was situate in the Bazaar Street running east-west. Ex. P-18 the rough sketch of the scene of occurrence gives the detailed location of the houses and shops of the witnesses and the accused and the scene place No. 5 in Ex. P-18, indicates the shop of the accused Nos. 7, 4 and 6 indicate the laundry of P.W. 6 the cycle shop of P.W. 7 and the house of P.W. 8 respectively. The shop of P. W. 7 and the house of P.W. 8 are on either side of the shop of the accused, whilst the laundry of P.W. 6 is adjacent on the western side of the house of P.W. 8. In front of the house of P.W. 8 and a little away on the north west to the shop of the accused, the occurrence in question took place. It is said now that the business place of P.W. 1 is about 1 1/2 furlongs to the south of the shop of P.W. 7 and the house of the accused is to the north of the scene place in Angana Asari Lane, which runs south to the north opposite to the shop for the accused.

4. P.W. 8 and one Selvam were under the employment of the accused in that P.W. 8 was a tea master in the tea stall of the accused had taken on hire four tube lights from P.W. 1 but he did not either pay the rental charges or return the tube lights. So P.W. 1 sent his servant Kalyani (the deceased) to collect the necessary rental charges as also to get back the tube lights. The deceased as per the direction of P.W. 1 went to the shop the accused on the morning of 11-9-1979, and demanded the charges and the tube lights which were hired. In the shop of the accused, P.W. 8 and one Selvam were present, P.W. 2 had also come to the shop of the accused to take tea. When the deceased demanded the rental charges and the return of the tube lights, a wordy altercation arose between the accused and the deceased during which the accused told the deceased in a very angry tone that the transaction was between himself and P.W. 1, that the deceased had no business to demand anything from him and that if the deceased persisted in his attempts, the accused would go even to the extent of stabbing him. The deceased, unscared of the threat uttered by the accused, persisted in his attempts. Then the accused, on being aggrieved at the persistent conduct of the deceased, threatened the deceased with dire consequences and said that he would finish his chapter by mu