- (1.)LEAVE is granted limited to the question as to the nature of offence committed by the appellant.
(2.)THE appellant was convicted under S.302 of the Penal Code, 1860 and was sentenced to imprisonment for life by the learned Sessions Judge, Madurai, in Sessions Case No. 264 of 1989 on 2-2-1990. On appeal, the High Court of Judicature of Madras confirmed the conviction and sentence passed by the learned Sessions Judge in Criminal Appeal No. 386 of 1990 on 1-10-1999. It is against that judgment that the present appeal is filed.
Apropos the question that arises in this appeal, Mr. R. Venkataramani, learned Senior Counsel appearing for the appellant, contends that the case falls under S.300 Exception (4) of the Penal Code and at the most, it can be said to be an offence under S.304 Part II of the Penal Code. Mr. S. Balakrishnan, learned Senior Counsel appearing for the State of Tamil Nadu, on the other hand, submits that the appellant gave two blows with soori knife on vital part of the body of the deceased; one of them proved to be fatal; and even those who intervened also sustained injuries at the hands of the appellant. It cannot be said that there was no premeditation so the conviction of the appellant has to be sustained.

(3.)A perusal of the judgment of the trial court as also of the High Court shows that PWs 1 and 2, injured eyewitnesses are relied upon to hold that the appellant caused the death of the deceased Sivamurugan. The post - mortem report (Ext. P8) was spoken to by PW 6, the doctor who conducted the postmortem examination. It shows that the following two injuries were found on the body of the deceased Sivamurugan:
"1. An oval - shaped stab - wound over the left infra - axillary region measuring 3 cm x 2 cm entering into the left thoracic cavity between the 4th and 5th ribs. On dissection of the above wound, infiltration of blood with clots present under the skin around the wound. On dissection over the inter - costal region, a stab - wound 2.5 cm x 1.5 cm entering into the underlying muscles and other tissues passing backwards and inwards piercing the lower lobe of left lung and injuring the descending aorta measuring 0.5 cm x 0.25 cm entering into the aortic lumen. Injured area of left lung is black in colour and congested. About 2000 ml of blood collection present in the left pleural cavity. 2. An incised wound 1.5 cm x 1 cm x 1 cm over the back of the left elbow."