JUDGMENT: Appellant is the accused in S.C.No.46 of 1997 on the file of Principal Sessions Court, Salem. By the judgment dated 21.7.1997, the Principal Sessions Judge, has convicted the appellant/accused under Sec.304, Part II, I.P.C. for causing the death of Chinnammal. The accused was acquitted of the murder charge under Sec.302, I.P.C.

2. The deceased Chinnammal, aged about 65 years was having 15 cents of land immediately adjacent on the Northern side of her house. The accused Periasamy is living on the East of the house of deceased. The house of accused is adjacent to the land of the deceased also. On enjoyment of the boundary, there was frequent quarrel between the accused and the deceased and parties were inimically disposed towards each other.

3. Case of prosecution is that on 19.6.1996-9.00 a.m., P.W.1 -Chenrayan was ploughing the lands of Chinnammal with Tractor. P.W.2-Chinnapaiyan was also present. At that time, the accused has cut the Palmayrah trees, which were standing between the house of the accused and the land of Chinnammal. Chinnammal objected for the same, which resulted in wordy quarrel between them. One Lakshmi intervened and pacified both of them and she went awa

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