V. Periya Karuppiah, J.

This appeal is directed against the judgment of conviction and sentence passed against the appellant/accused by the Additional District and Sessions Judge, Fast Track Court No.3, Chennai made in S.C.No.26 of 2007 dated 19.07.2007. The appellant/accused was convicted and sentenced by the Trial judge u/s. 302 I.P.C to undergo life imprisonment.

2. The case of the prosecution in brief would be as follows:-

The accused and the deceased Balan were living in platform. On 28.05.2006, at about 10.00 p.m in the night the accused came to the deceased Balans place in the platform and had a wordy quarrel with him by saying that his wife had eloped from him and the deceased Balan was the reason and by saying so the accused had beaten the deceased Balan by pulling his shirt, fisting on his head, face and due to the attack caused by the accused the deceased Balan had fell with his back on the cement floor and hit his head and the accused had also throttled his neck and the witnesses who were present including P.W.1 had intervened and since the crowd gathered in that place the accused had fled away from the scene of occurrence. Since Balan was not having any exte