S.K.Krishnan, J.: Aggrieved by the judgment of the Principal Sessions Judge, Nagercoil, the appellant, who was convicted for the offence punishable under Sec.302, I.P.C., and sentenced to undergo imprisonment for life and imposed a fine of Rs.1000 in default to undergo S.I. for six months, has filed the above appeal.

2. Brief facts of the prosecution case are as follows:

(a) P.W.1 Jayasekar and the deceased Vijili are brothers. They are living at Sendarai village. They are doing cooly work. These two persons along with their associates used to play cards at Vellappan Samy Vilai (Vellappan Pura Idam), after attending their cooly work. On 13.10.1999, between 6.00 and 9.30 p.m., the deceased Vijili ,P.Ws.1 to 4, Kumaradas, BoniBose and the accused Benjamin played cards. When they were playing cards, the deceased Vijili was in winning position in the game. However, the accused has given 14 cards to the deceased instead of 13 cards. When the deceased came to know about this fact, he questioned the accused as to why he has given 14 cards instead of 13 cards. There arose a wordy quarrel between the two at Vellappan Pura Idam. However, due to intervention of P.W.1 and other persons, who play

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