ARUMUGHAM, J.

( 1 ) THIS appeal is directed against the judgment rendered by the learned XI Additional Sessions Judge, Madras, finding the appellant guilty under Section 302 I. P. C. and the consequent sentence of imprisonment for life in Sessions Case No. 69 of 1985 on 110. 1985. Along with the appellant, one accused by name Babu was also tried by the learned Sessions Judge for an offence punishable under section 302 r/w 34 I. P. C. but he was acquitted of the said charge.

( 2 ) THE case of the prosecution as spoken to by witnesses examined by the prosecution in brief are extracted as hereunder: P. W. 1 Velu was living with his parents near Murugan Theatre. His mother used to provide meals on the receipt of calls among the labourers of the Kothavalchavadi and for the said purpose, he used to take her in Meenbadi cart (herein after referred to as cart) to Kothavalchavadi market. The deceased in this case Theivasigamani was the sisters husband of P. W. 1. He was also doing cooli work in a plantain mandi at Kothavalchavadi. The deceased with his wife namely the sister of P. W. 1 was also living in the nearby house of P. W. 1.

( 3 ) WHILE that being so, 5 months prior to h