Padmanabhan, J.

1. Sole accused is challenging his conviction for murder and the sentence for life.

2. Prosecution case and the evidence of the three occurrence witnesses (PWs 1 to 3) in conformity with it is this: Deceased Gopi, aged 28, and appellant Damu, aged 33, were friends. Gopi had some drinks already. Still he came in the company of the appellant at about 7 p.m. on 6-11-1983 to the Vellora toddy shop run by tappers, including PWs.1 and 2, and had one glass of toddy each. Gopi appeared, to have got intoxicated. He jovially wanted homo-sexuality with appellant. Appellant pushed him out of the shop. Presumably realising that what Gopi said was a joke under the influence of drinks, appellant soon got friendly with him and voluntarily escorted him to his nearby room. But on the way Gopi snatched Damus lunki and closed his room. When appellant attempted to attack with a stone and then complained to PWs.1 and 2, PW 2 interfered and got back the lunki. When appellant wanted it to be given by Gopi himself, he offered to go to appellants house and return it. But he repeated his desire to have homosexuality. Appellant gave a blow and Gopi fell down. Then he picked up a sto