PERIYA PUTTAPPA Vs. STATE

JUDGEMENT

(1.) AGGRIEVED over the conviction for the offence under Section 304(ii) I.P.C. passed in S.C.49 of 1995 dated 21.6.2000 by the Second Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Krishnagiri and the sentence imposed against the accused to undergo five years rigorous imprisonment and to pay a fine of Rs.1000/-, this appeal has been preferred.

(2.) BRIEF facts of the case are as follows: The deceased is senior paternal uncle of P.W.1. The accused is junior paternal uncle of P.W.1. P.W.3 is sister-in-law of P.W.1. P.W.4 is neighbour of the deceased. According to P.W.1 on 10.10.1993 when he went to see his friend, his brother's wife P.W.3 was taking water from the tap. The son of the accused threw stone on P.W.3 and while seeing the same he asked the accused as to why he threw stone on P.W.3 and consequently there was a quarrel arose between them. The deceased came there and the accused threw a stone on his chest and he fell down. Thereafter the accused kicked on the chest of the deceased. The injured was taken to the hospital, where Doctor examined the deceased and reported that he is dead. P.W.1 and the villagers reported the incident to the P.W.2, Village Administrative Officer. He recorded the statement which has been marked as Ex.P1.

(3.) ON consideration of both oral and documentary evidences, the learned II Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Krishnagiri came to the conclusion that the offence alleged against the accused under Section 302 I.P.C. is not proved and convicted the accused under Section 304 (ii) IPC and sentenced him to undergo five years rigorous imprisonment and imposed a fine of Rs.1000/- and in default to undergo further three months rigorous imprisonment.