JUDGMENT

K.N. Basha, J.—The appellant is the sole accused and he has come forward with this appeal challenging his conviction and sentence passed by the learned Principal Sessions Judge, Coimbatore, in S.C. No.127 of 2001 by the judgment dated 4.9.2001 convicting the appellant for the offence under Section 304 (ii) I.P.C. and sentencing him to undergo 12 months rigorous imprisonment and also imposing a fine of Rs. 500, in default, to undergo three months rigorous imprisonment.

2. The accused faced the trial under the following backdrop:

(i) The deceased as well as the accused, PW1 were working in a estate at Valparai. On 9.12.2000 there was a temple festival near the estate. PW1 went to the temple festival and he was coming towards factory at 11.00 p.m. accompanied with PWs. 3 and 5. While they were nearing the godown of the factory, he found the deceased was quarrelling with PW2 in respect of the mike set and the accused was also present there. He questioned the accused and the accused informed him that the quarrel is due to mike set. While the accused intervened to separate them the deceased, Murugesan, abused him in a filthy language by using provocative word. Thereafter, the accused pulled the shirt of the deceased and pushed him down and the deceased fell on an iron rod, MO1, resulting the bleeding injury on his left flank. The accused ran away from the scene. The injured was taken by PW1 and others to the Government Hospital.

(ii) On l0.12.2000 at 00.10 hours, the Doctor, PW9, on examination found the deceased already died. He sent the intimation, Ex. P4 to the police station.

(iii) PW1 went to the police station and gave the report, Ex. P1 to PW11, the Head Constable, attached to the Seikalmudi outpost police station. PW11 registered the case in crime No. 105 of 2000 for the offence under Section 302 I.P.C. Ex. P7 is the First Information Report and he sent the same to the Court and the higher police officials.

(iv) PW12, received the First Information at 3.15 a.m. on 10.12.2000 and took up investigation in this case. He went to the scene of occurrence at 4.00 a.m. and prepared the observation mahazar, Ex. P2 and the rough sketch, Ex. P8 in the presence of witnesses. He also recovered MO1, iron rod, MO2, blood-stained earth and MO3, sample earth under Ex. P3 in the presence of witnesses. He went to the Government Hospital at 6.00 a.m. and held inquest on the dead body of the deceased. Ex. P9 is the inquest report. He also arranged to take photographs MO4 series and MO5 series. He sent the body for post-mortem under Ex. P5, requisition.

(v) The Doctor, PW10 attached to the Valparai Government Hospital conducted post-mortem on 10.12.2000 at 4.00 p.m. He found the following injury:

1. A lacerated wound in the left side of the lower end of the chest 18 cm below the anterior auxillary fold size 4 cm × 2 cm × 2 cm.

Eyes closed limbs extended. No visible diseases seen opening of thorax and abdomen fracture of the left side 8th rib at enterior axillery line. Heart weight 300 grams. Chamber contain fluid blood. Lungs weight left 500 grams Right 500 grams Blood clots present in the injury. Hyoid bone intact. Stomach weight 300 grams contains partially digested food particles.

Peritoneal cavity: Contains fluid blood about 500 ml.

Spleen: Weight 300 grams. Lacerated injury seen in the posterior aspect of the spleen.

Liver: Weight 1000 grams. Surface smooth pale, C.S. congested.

Kidneys: Weight 300 grams. Both surface smooth. C.S. congested.

Brain: weight 1200 grams. Substance soft vessels normal.

The Doctor, PW10 is of the opinion that the deceased would appear to have died of injury to vital organ -spleen. Ex. P6 is the post-mortem certificate.

(vi) PW12, in continuation of his investigation, arrested the accused on 10.12.2000 at Solaiyar Dam bus stand. He examined PWs.1 to 5 and recorded their statements. He also recovered MO6, blood-stained shirt, MO7, b1ood stained underwear, MO8, blood-stained dhothi worn by the deceas