JUDGMENT

Special leave granted.

2. Appellant Tholan was convicted by the learned Sessions Judge, Salem in Sessions Case No. 134/78 for committing murder of Sampat son of Marimutba Pathar on September 2, 1973 and was sentenced to suffer imprisonment for life. His appeal to the High Court of Madras was dismissed by a Division Bench or February 4, 1981.

3. A few facts relevant for the disposal of this appeal are that one K. G. Rajan was running a chit with the help of P.W. 4 Chinnu. The profit derived by this venture was being utilised to help needy school children by giving them free slates and such other articles of everyday use for school children. The balance available for this activity at the relevant time was Rs. 600. It appears that the appellant and his brother Raman gave a bid at the auction for a chit in the amount of Rs. 30 and were paid the chit amount. Appellant thereafter approached Raman with a request for a loan of Rs. 100 but P.W. 4 Chinnu informed him that it was not possible to grant loan. Some altercation took place in which the appellant is said to have used abusive language. P.W. 1 Subramanian and deceased Sampat are brothers. They were residing in adjacent houses in Boyar Street. On September 2, 1978 around 7 P.M. appellant came near the house of deceased Sampat complaining against the organisers of the chit. At that time he was in front of the house of one Palaniammal, who on hearing the shouts of the appellant asked him to go away. The appellant in turn abused Palaniammal. At that time deceased Sampat came out of his house and cautioned appellant not to indulge in abusive language, as the ladies were present and told him to go away. The appellant questioned the authority of the deceased to ask him to go away. Both were remonstrating with each other when appellant took out a knife from his waist and stabbed deceased Sampat on the right side of his chest and pushed the deceased to a distance of 25 feet and left him there and went away. Sampat succumbed to his injury which in course of post-mortem examination was found to be an incised gaping wound obliouely placed over the front of right side of the chest 1 c. m. away from the right sternal box dox on the 4th intercoastal space and 5 c. m. medial to the right nipple of size 2 c. m. x 1 c. m. at the maximum point. Depth was not probed. The external wound was spindle shaped with clear-cut edges on both sides and sharp point on either ends with blood clots. On internal examination fracture of 9th and 6th ribs were noticed. The depth of the wound was proved up to middle lobe of the right lung and proceeding up to right atrial cavity. The cause of death was stated to be shock and haemorrhage on account of the stab injury and the corresponding internal injury to vital organs like the heart and the lung. This iniury, in the opinion of the Medical Officer, was sufficient in the ordinary course of nature to cause death.

4. In his statement under S. 313 of the Criminal P. C., the appellant stated that he and his brother-in-law took chits of Rs. 30 each and received the amount but when he demanded accounts, P.W. 4 Chinnu and Shri K. G. Rajan accompanied by others came to beat him and therefore, he ran away and did not know what happened. He denied having given a knife blow to deceased Sampat and also denied having pointed out the place from which knife was recovered.

5. The learned Sessions Judge after taking into consideration the evidence of eye-witnesses P.W. 1 Subramanian, P.W. 2 and P.W. 3 and other evidence held the appellant guilty of committing murder of deceased Sampat and convicted and sentenced him as hereinabove stated.

6. The High Court broadly agreed with the findings of the learned Sessions Judge and dismissed the appeal and confirmed the conviction.

7. When the petition for special leave to appeal came up at the admission stage notice limited to the question of nature of offence and sentence was ordered to be issued. Thereafter, this matter came up for heari