(1.) LEAVE granted.
(2.) CHALLENGE in this appeal is to the judgment of the Division Bench of the Madras High Court, Madurai Bench, upholding the conviction of the appellant for offence punishable under Sections 302 of the Indian Penal Code, 1860 (in short the 'IPC'). The co-accused was tried for offence punishable for offence punishable under Section 302 read with Section 114 and 506(2) IPC and was found not guilty and was acquitted of the charges.
(3.) THE basic question is whether Section 302 IPC has application.