Whether death of the deceased Mohammed Sultan was due to murder simpliciter or accidental murder is the intricate question raised in this appeal.

2. The brief facts:-

The deceased Mohammed Sultan, aged 35, who was working as a driver, and earning a sum of Rs.5,000/-per month suffered death on account of murder on 27.06.1997. He was working as a driver in the taxi bearing registration No.TN-55A 5994 of which the first respondent is claimed to be the owner.

2.1. On 27.06.1997, the deceased was waiting in the taxi stand at Pudukottai market and at that time two persons came there and took the taxi for hire. Later on, neither the car nor the deceased returned back. The owner of the car namely, the first respondent Subbiah preferred a complaint before the police.

2.2. On the next day, a dead body was found lying on the barren land of one Abdullah and it was claimed to be an unidentified body. The V.A.O. preferred a complaint to the Melur Police Station. From the tag, bearing the name of the tailor in the shirt of the deceased, the police got a clue that the deceased would have belonged to Pudukottai. They started investigation and found out that it was the taxi driver Mohammed