The central legal point established in the judgment is the requirement for clear, cogent, and convincing evidence to prove a case beyond reasonable doubt, and the court's duty to carefully scrutinize and analyze the evidence presented.

K. N. BASHA, J. :- The sole accused, Irul, has come forward with this appeal challenging his conviction and sentence passed by the learned Second Additional Sessions Judge, Madurai, in S.C. No. 362 of 2000, dated 8-1-2002 convicting him under S. 302, I.P.C. and sentencing him to undergo life imprisonment and also imposing a fine of Rs. 100/-, in default, to undergo two weeks simple imprisonment and also convicting him under S. 341, I.P.C. and sentencing him to undergo two weeks simple imprisonment.

2. The facts of the case, as unfolded by the prosecution witnesses, are as follows :

(i) P.W. 1 is the mother of the deceased. P.W. 2 is the brother of the deceased. P.W. 4 is the employer of the accused and the deceased, as both of them were working as loadmen under his lorry service.

(ii) On the date of occurrence, i.e. on 9-11-1999 in the evening there was a quarrel between the accused and the deceased as the deceased requested the accused to get his weekly wages and keep the same with him and when the deceased demanded the return of that amount from the accused which resulted in a wordy quarrel between them. This incident happened at 5.30 p.m. The deceased returned to his house and also informed his mother about the wordy quarrel between him and the accused regarding return of the wages obtained by the accused from his employer, P.W. 4 on his behalf. P.W. 2 another son of P.W. 1 also came to the scene village on the eve of Deepavali. When P.W. 2 leaving the village, P.W. 1 requested him to accompany with her for the irrigation of the field. After taking food in their house at 9.30 p.m., P.Ws. 1 and 2 and the deceased left for their field for irrigation. On their way, P.Ws. 1 and 2, were purchasing battery light cell from the shop of one Mesenem. At that time, they heard the hue and cry of the deceased, stating that Machakalai son, accused-Irul, stabbed him and running away from the scene. P.W. 1 stated that they were standing 20 feet away from the scene of occurrence. P.W. 1 also stated that tube light was burning at that time when both P.Ws. 1 and 2 rushed there, they found the accused running with weapon knife, M.O. 2. P.W. 1 asked her another son P.W. 2 to see the deceased and they found a stab injury on the chest of the deceased. The deceased died instantaneously. Thereafter, P.W. 1 asked P.W. 2 to remain there and left for the police station to give a report.

(iii) One Mahalingam, Sub-Inspector of Police, attached to Karuppayurani Police Station recorded the statement of P.W. 1 under Ex.P.1 and registered the case at 11.30 p.m. in Crime No. 559 of 1999 under Ss. 341 and 302, I.P.C. The abovesaid Sub-Inspector of Police, Mahalingam, who has recorded the statement is no more.

(iv) P.W. 11, the Inspector of Police, received the message about the occurrence at 11.30 p.m. on 9-1-1999. He has also received the Express First Information Report, Ex. P.12 and reached the scene of occurrence at the early morning 00.30 hours. He prepared the observation Mahazar, Ex. P.2 in the presence of P.W. 3 and another. He also prepared the Rough Sketch, Ex. P. 13. He held inquest on the dead body of the deceased and during inquest he has examined P.Ws. 1 and 2 and others. Ex. P.14 is the inquest report. He recovered the clothes of the deceased from the body in the presence of P.W. 3 and another. He also examined P.W. 3 and others and recorded their statements.

(v) P.W. 5, the Doctor, attached to Government Rajaji Medical College Hospital received the requisition under Ex.P.4 for conducting post-mortem on the dead body of the deceased on 10-11-1999 at 10.00 a.m. and thereafter he has conducted post-mortem on the body of the deceased at 10.15 a.m. He found the following injuries :

"Injury No. 1 : A vertically oblique stab injury on the front of left chest 4 cms. medial to the left nipple measuring 4 cm. x 1 cm. x entering into the left pleural cavity - upper end curved, lower end pointed, margins regular.

On Dissection : The wound passes obliquel