1. The appellant is the sole accused in S.C.No.37 of 2006 on the file of Principal Sessions Judge, Salem. By judgment dated 5.6.2006, the learned Judge convicted the appellant under section 304 Part-II IPC and sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the accused is before this Court with this appeal.

2. The case of the prosecution in brief is as follows:-P.W.1 is the wife of the deceased Singaram. They were residing at Ariyampalayam village in Salem District. The accused is the nephew of the deceased. P.Ws.4 and 5 are the mother and wife respectively of the accused. They were also residing in the same village. The deceased was a drunkard. On 9.5.2004, the deceased came to the house of the accused and entered into the house when the accused and his wife were not at home. The mother of the accused, viz., P.W.4 alone was there. When P.W.5 returned back, she found the house bolted from inside. She went in search of the accused and brought him back. They found the deceased and P.W.4 in a suspicious manner inside the house. There ensued a quarrel over the same. The appellant is alleged to have taken M.O.1, wooden log and gave a blow on the abdomen of the deceased. Then, he ran away. It was witnessed by P.Ws.2 to 5. P.W.1 was not an eye witness to the occurrence and she was informed about the occurrence subsequently.

3. The deceased was taken to the Government Hospital at Salem on 12.5.2004 at 9.00 a.m. The deceased was conscious. He told the doctor that he sustained injury due to an accidental fall into a pit of 8 feet depth on 9.5.2004 at 7.00 p.m. near his house. He was admitted as an in-patient. It appears, a surgery was conducted on the abdomen. While he was undergoing treatment as an in-patient, on information from the hospital authorities, P.W.9, Sub-Inspector of Police attached to Gangavalli police station, Salem District, proceeded to the hospital and recorded the statement of the deceased at 3.00 p.m. on 15.5.2004. Ex.P-13 is the said statement of the deceased. Based on the same, he registered a case in Crime No.81 of 2004 under Section 325 I.P.C.

4. Taking up the case for investigation, on the same day, he proceeded to the place of occurrence at 4.00 p.m. and prepared an observation mahazar in the presence of P.W.6 and another witness. He also prepared a rough sketch. Then, he proceeded to the hospital and recorded the statements of few witnesses. While so, on 16.5.2004 at about 4.15 a.m., the deceased died. P.W.9 received intimation, Ex.P-16 from the hospital in this regard. Therefore, he altered the case into one under Section 302 I.P.C. and prepared an alteration report under Ex.P-17. He forwarded the same to the Court.

5. P.W.10, Inspector of Police, thereafter took up the case for investigation. He held inquest on the body of the deceased between 7.00 a.m. to 10.00 a.m. on 17.5.2004 and prepared the report Ex.P-18. He took photographs of the body with the help of a photographer. Ex.P-19 are the photographs. Then, he forwarded the body for post-mortem.

6. P.W.8. Dr.Vallinayagam, the then Professor of Forensic Medicine, Government Hospital, Salem, conducted post-mortem on the body of the deceased and he found the following injuries:-

External Injuries:

1. A vertical sutured wound over the middle of abdomen 15 cm. in length (surgical), drainage tube present on both sides of abdomen (surgical).

2. A contusion present on upper and left side of abdomen 15 x 10 x 3 c.m.

Internal

A sutured wound present on the small intestine 3 x 1 x 0.5 cm. (perforation – sutured). Pus present in the intestinal cavity 200 ml. (Loops adherent) (Anti Mortem injury).

Ex. P-10 is the post-mortem certificate. According to him, the deceased died due to the effects of the abdominal injuries.

7. Continuing with the investigation, P.W.10 arrested the accused on 18.5.2004 at