THANGARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order passed by the III Additional District and Sessions Judge, Coimbatore in S.C.No.128 of 2015, dtd. 22/3/2016, convicting the appellant for offence u/s. 304(i) IPC and sentencing him to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000.00 and in default to undergo three months rigorous imprisonment.

(2.) The case of the prosecution is that the appellant and his wife Poongodi (PW.2) were staying along with their children and were working in a farmland owned by one Rasappan. The deceased Karuppusamy @ Periyakaruppan is the father-in-law of the appellant and he also used to stay along with the appellant and his family. There was some misunderstanding between them and hence, the appellant left the farmland and he started living with his parents.

(3.) The further case of the prosecution is that on 31/12/2014 at about 8.30 pm, when PW.2 and the deceased were in the shed at the farmland, the appellant came and demanded that his daughter Kalaiyarasi must be sent along with him. PW.2 refused to send the daughter along with the appellant. The appellant started dragging Kalaiarasi by her hands and this was prevented by PW.2. Enraged by the same, the appellant attempted to assault PW.2. On seeing this, the deceased interfered and the appellant is said to have kicked him in his abdomen and the deceased fell down on a grinding stone resulting in an injury. The appellant ran away from the scene of occurrence.