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 ac