1. This Criminal Appeal is filed against the judgment dated 30.01.2002 passed in S.C. No.123/2001 by the learned Additional District and Sessions Judge (FTC-), Erode convicting and sentencing the Appellant for the offence under Section 307 of I.P.C. to undergo 7 years’ Rigorous Imprisonment and to pay a fine of Rs.2000/-, in default to undergo six months’ Rigorous Imprisonment.

2. The case of the Prosecution is as follows:

a. One Velumani is residing in the house of his father-in-law along with his wife and children at Veppuli Village. Due to prior enmity between the Appellant/accused and Velumani regarding selling of arrack, on 30.4.2000 at 14.00 hours, while Velumani was sitting in the Vinayagar Koil, Veppuli Village, the Appellant came there and by the using abusive language attacked him on his head with a iron pipe and again when he attacked with the said pipe, Velumani warded off with his hands and he sustained injury on his left hand and was also attacked on his both legs and the Appellant threw the pipe at the place of occurrence and fled away from the scene. One Arumugam and few other persons came there and the said Arumugam took him and admitted him in the Erode