Judgment

SHELAT, J.:- This appeal is against the judgment of the High Court of Madras by which it confirmed the appellant s conviction under Section 302 of the Indian Penal Code and the sentence of death awarded to him. It is founded on a certificate granted by the High Court under Article 134 (1) (c) of the Constitution.

2. At the material time the appellant, a widower for sometime, was living in village Valayamadevi near the house where the deceased Natesa Padayachi and his wife Meenakshi (P. W. 1) used to reside. In course of time the appellant and Meenakshi developed illicit intimacy. The deceased Natesa was serving as a driver in a rice Mill belonging to one Sundaralingam Pillai and his son Guhan Pillai (P. W,. 6). One afternoon the deceased returned home a little earlier than usual and found his wife and the appellant in a compromising position. A quarrel ensued between the deceased and the appellant when the deceased warned the appellant against his coming to his house. The appellant retorted that instead of quarrelling with him the deceased should control his wife. To prevent the appellant visiting his residence the appellant and his wife went to reside in a portion of a Chat