- (1.) Leave granted.
(2.) This appeal has been filed against the final judgment and order dated 20.7.2005 of a Division Bench of the Madras High Court in Criminal Appeal No. 818 of 1999.
(3.) The prosecution case is that on 9.4.1998 at about 8.A.M., PW1 Radhakrishnan, PW3 Sakthivel and PW4 Arumugam went to a shop for taking tea. Next to the tea shop, a waste paper merchant shop was situated. Muthu, the accused (appellant herein) was working in that shop and after opening the shop he was arranging the articles kept inside the shop. At that time, the deceased Siva who used to collect waste papers from the roadside, collected the waste-papers and cardboard boxes and threw them inside the shop of the accused. On seeing this the accused got angry and shouted at Siva "why do you do this everyday - and pulled his hair. The deceased thereupon pushed the accused. Then the accused took a knife from the top of a table in the shop and stabbed Siva in the chest. Siva fell down due to this injury and died.;