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 the Female Surgical Ward. At 4.45 p.m. on 18.5.1988, the deceased Murugan had visited his mother in the hospital. When he was talking to his mother, accused 1 (Rathinam) and accused 2 (Moorthy) entered that Ward with knives. Accused 1 stabbed Murugan on his stomach resulting in a bleeding injury. Murugan, after sustaining an injury raised an alarm and tried to escape from that place by running away.

However, while he was running, he tumbled over the steps and fell down in front of the Ward. Accused 1 and 2 chased him and after Murugan fell down, accused 1 and 2 over- powered him and repeatedly attacked on his face and hands by knives. The 3rd accused (Kuppayee) is stated to have caught hold of Murugan while the juvenile accused Senthil and Subhash stated to have caught hold of his legs by pressing them with their hands. At that time, PW2, who is grand-son of PW1 was there. He had also come to the hospital for a courtesy visit. PW1, in her testimony stated that accused 1 and 2 stabbed her son many a times simultaneously. Doctor after examining Murugan declared him dead.

3. Thereafter, his body was taken to the mortuary. PW2, the Sub-Inspector of Police in the Police Outpost Government Headquarters Hospital at Salem at about 5 p.m. on 18.5.1988 received a telephonic message about the incident and immediately rushed to the scene of occurrence. PW12 recorded statement from PW1 with regard to what had happened and exhibited as P1. Thereafter PW13, the Inspector of Police was informed. PW13, after receipt of the information proceeded to the scene of occurrence at 6 p.m. and reached the Female Surgical Ward. He examined PW1. He found the dead body in the mortuary. PW13 found blood- stains on the ground and also on the tar portion of the road. PW10 is the Assistant Civil Surgeon attached to the Government hospital, Salem. He conducted post-mortem and found the following injuries.

"1. Lacerated 2 cm x .5 cm x.5 cm on the right side of the lower lip.

2. A stab wound 2 cm x 1 cm x 2 cms over the right side of the face at the angle of middle.

3. An incised wound 2 cm x 5 cm x 5 cms over the right side of the face 3 cm below the right eye.

4. A stab wound 3 cms x 1.5 cm x 6 cms over the right side of chest 10 cms below the right collar bone 6 cm medial top the nipple.

5. A stab wound 2 cm x 1 cm x 4 cms over the right side of the chest 2 cm away from injury no.4.

6. A stab wound 2 cm x 2 cm x 6 cms over the right side of the chest 3 cms away from midline and 1 cm below the right nipple.

7. An incised wound 2 cms x 1 cm x .5 cm over the right side of the chest on the mid antillary line 6 cms below and away from right nipple.

8. A stab wound 4 cms x 4 cms x 4 cms over the left side of the abdomen 4 cms above and away from umbilicus.

9. A stab wound 4 cms x 3 cms x 5 cms at the