JUDGMENT

Dalveer Bhandari, J.

1. This appeal is filed by Moorthy son of Kuppan against the judgment of the High Court of judicature at Madras in Criminal Appeal No. 377 of 1991 by which the appellant was convicted under section 304 Part I IPC and sentenced to seven years of imprisonment.

2. Brief facts of the case which are necessary to dispose of this appeal are as under:-

PW1, Palaniammal and her son, Murugan, the deceased in this case were in possession and enjoyment of a porambok land and regarding that there was a dispute at the instance of the accused claiming a right to enjoyment and possession to the said property. Accused 1 and 2 are brothers and the 3rd accused has two young children called Senthil and Subhash. The incident had taken place on 18.5.1988 in the evening at about 4.30 p.m. Even on that morning there was an incident in which the parents of accused 1 and 2 and the wife of the 2nd accused sustained injuries which resulted in a complaint against the deceased and others before the police. PW1, Palaniammal (mother of the deceased) sustained a fracture in her leg when she accidentally fell down. She was admitted as an inpatient in the Government hospital at Salem in th