M.KARPAGAVINAYAGAM, J.

Nagappan, A2, was convicted and sentenced for the offences under Sections 302 and 324, I.P.C. Challenging the same, this appeal has been filed.

2. Originally, both the appellant Nagappan (A2) and one Selvam (A1) were charged for the offences under Section 302 read with 34 and 324 read with 34, I.P.C. Since A1, during the course of trial, died, the charge as against Selvam got abated. So, the trial was conducted only against the appellant A2.

3. The case of the prosecution, in brief, is as follows:

(a) The deceased Kamaludeen is a lorry owner. He is residing along with his wife (P.W.1), son (P.W.2) and his daughter. The accused 1 and 2 are brothers. They are also residing in the same area.

(b) About six months prior to the occurrence, while P.W.2 Yusuf, the son of the deceased, was driving the jeep, the mud water in the road got splashed on the face of the sister-in-law of A2 Nagappan. A quarrel was ensued. In the said quarrel, Nagappan slapped on the face of P.W.2. From then onwards, there is a misunderstanding between the two families.

(c) The occurrence took place on 27.12.1996. It was about 5.45 p.m. when P.W.1 Fathima Beevi and her daughter were s