ARUMUGHAM, J.

( 1 ) STATE has preferred this appeal under section 378 of the Code of Criminal Procedure against the judgment of the Principal Sessions Judge, Coimbatore, passed in Sessions Case No. 18 of 1984 dated 24-3-1984, praying to set aside the order of acquittal of the respondent herein for the offence under section 302, I. P. C and to convict him for having caused the murder of one Chinnasamy by stabbing him with knife at about 2. 30 p. m. on 20. 10. 1983.

( 2 ) BOTH the respondent and the deceased Chinnasamy were the residents of Athikuttai village. According to the prosecution at about 11. 30 a. m. on 20. 10. 1983 the dog belonging to the respondent had bitten one of the goats which were tied on the northern side of the house of the deceased and on seeing the same P. W. 4 Valliammal, a resident nearby, raised noise and on hearing her noise, P. Ws. 1 and P. W. 2, the wife and the elder brother of the deceased went and chased the dog and brought the injured goat. Then the deceased with P. W. 2 went to the house of the respondent/accused and accosted the mother of the-accused who alone was present at the time and shouted over the act of the dog belonging to the accused and further they had threatened that if something happens, they would be taken to task. While that being so, at about 1. 30 P. M. on that day, the respondent went to the house of Chinnasamy and questioned him about his attitude of threatening his mother and asked him whether he could do so. At that time, he aimed to stab Chinnasamy with M. O. 1 knife for which he took M. O. 2 are canut palm stick and hit the respondent on his head and left shoulder. Thereupon, by saying you be done away with, the respondent stabed the deceased on the left side of the chest with M. O. 1 knife and on his left shoulder also. The deceased, placed his hand on the injury on the chest, at the time, the respondent transacted the second stab on the left shoulder. This overtact was witnessed by P. Ws. 1 to 3 and one Kamalammal and then the respondent ran away with the weapon of offence. After walking some distance of about ten feet the deceased took water from the tank there, he fell down and died. His clothes became stained with blood.

( 3 ) IMMEDIATELY P. W. 1 went to the Peelamedu Police Station and gave report to P. W. 14, Durai, Sub Inspector of Police, who registered the case in Crime No. 497 of 1983 against the respondent under section 302, I. P. C. and sent the First Information Report to the Court as well as to higher officers. P. W. 15 Rajasekaran, Inspector of Police, was informed of the registration of the above case by P. W. 14. Consequently P. W. 15 reached the Police Station, got the copy of the F. I. R and took up investigation. He visited the scene of occurrence at about 4. 30 p. m. prepared the observation mahazar Ex. P. 15, rough sketch relating to the topography of the scene of occurrence Ex. P. 16 and arranged for the photographs of the scene place and the dead body which were marked as M. Os. 4 and 5. He held the inquest over the dead body from 5. 45 p. m. to 9. 30 p. m and prepared inquest report Ex. P. 17. He recovered M. O. 8, blood stained earth and M. O. 9 sample earth from the place of occurrence, under the cover of mahazar Ex. P. 18 as well as M. O. 3, lungi from the dead body, M. O. 10, blood stained earth, M. O. 11 sample earth and M. O. 12, one plastic mug under the mahazar Ex. P. 19. Then he sent the dead body through P. W. 12 with a requisition Ex. P. 6 to conduct autopsy. P. W. 9, Dr. Vadivelu, Professor of Forensic Medicine, Coimbatore Medical College Hospital on receiving the said requisition conducted autopsy over the dead body of Chinnasamy at about 10. 15 a. m. on 2 1. 10. 1983. He noticed blood stains over the front of both lower limbs, front of abdomen, front of left upper limb and left side on the nose and bloodstained froth over both nostrils. He found the following antemortem injuries on the persons of the dead body:1) A stab