- (1.)The appellant herein stands convicted for an offence of murder by the learned sessions judge, Nagercoil in sessions case no. 84/99 on an allegation that at 8.30 p. m. on 9-6-1989 he had stabbed one Joshua, the deceased in the case, with a knife as a result of which the said joshua died at about 1-45 a. m. The learned sessions judge having found the charges proved against him convicted the appellant under section 302 of the Indian penal Code and sentenced him to undergo imprisonment for life. Subsequently, the High Court was approached and the High Court confirmed the same without any variation as regards the sentence. Hence the appeal before this Court under Article 136 of the Constitution of india.
(2.)This Court on 7-5-2002 while granting leave was pleased to restrict it to the question of the nature of offence committed only and as such the matter presently under consideration before this court needs to be delved into on that perspective only.
(3.)Mr. Gupta, learned senior advocate appearing in support of the appeal has been rather emphatic on his submission to the effect that the accused person had no animosity towards the deceased excepting for a minor incident which happened about a month back.