JUDGMENT :

(J.B. Pardiwala, J.)

1. Leave granted.

2. This appeal is at the instance of a convict accused and is directed against the judgment and order passed by the High Court of Judicature at Madras dated 04.04.2019 in Criminal Appeal No. 193 of 2019 by which the High Court dismissed the appeal filed by the appellant herein thereby affirming the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Namakkal in Sessions Case No. 41 of 2017.

3. It appears from the materials on record that the appellant herein and his father were put on trial in the Court of the Additional Sessions Judge, Namakkal in Sessions Case No. 41 of 2017 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, ‘IPC’). The Trial Court held the appellant herein guilty for the offence of culpable homicide not amounting to murder punishable under Section 304 Part I of the IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. 10,000/-and in default of payment of the amount of fine, further ri