M.M. Pareed Pillay, J.

1. The accused who has been convicted and sentenced under S.304 Part.2 of the Indian Penal Code for a period of 3 years by the Sessions Judge, Kottayam has filed the appeal. Criminal Revision Petition is filed by the lather of the deceased.

2. The prosecution case is that on 26-6-1982 the accused with the intention to murder Tomy and with the knowledge that death will be caused to him hit on his eye with the pointed end of a gent's umbrella with force. Tomy sustained very serious injury and he breathed his last on 28-6-1982 at the Medical College Hospital, Kottayam. The accused and his wife were waiting fur a bus on 26-6-82 at about 11 a. m near Ferona Church at Kaipuzha. Tomy came on a cycle from South to north along Kottayam- Neendoor road. The cycle hit the accused's wife and the tiffin carrier held by her fell on the road. The accused became furious when Tomy stated that the incident happened as the accused and his wife tried to cross the road. Enraged by 'be incident the accused hit Tomy with force on his eye with the pointed end of his umbrella.

3. Pws. 1 and 2 removed Tomy in a car to the Medical College Hospital Kottayam P. W. 1 gave the first in