1. The appellant stands convicted under S.304 part 2 of the I. P. C. The case for the prosecution was that, following a quarrel between his children and the son of the deceased, the latter abused the accused's wife and on her reporting the same to the accused, he dealt one blow with his hand to the deceased, while he was returning from the market, and that the latter died a few hours later. Though the charge against the accused was one under S.302, the learned judge found that the offence proved was only culpable homicide not amounting to murder. He was sentenced to rigorous imprisonment for two years.

2. The fact that deceased Kuttan died as a result of injuries sustained was not disputed. This is satisfactorily proved by the postmortem certificate Ext. P6, the inquest report, Ext. P. 8 and the evidence of Pw. 1, Pw. 6, Pw. 20 and Pw. 21. According to medical evidences, the cause of death was fracture of the vertebrae. The 1st and 2nd curvical vertebrae were broken and Kuttan died as a result of injury to vital organs, haemorrhage and coma.

3. Coming to the question as to who inflicted the injury on Kuttan, there is clear evidence that the accused beat him with his hand