K.N. Basha, J.

The sole appellant in this case, who has been originally arrayed as A-1, has preferred this Appeal questioning the legality of the Judgment of conviction and sentence passed by the learned Additional Sessions Judge, Thanjavur, in S.C. No.113 of 2002 dated 04.03.2003 convicting him under Section 341 I.P.C. (1 count), and sentencing him to undergo simple imprisonment for one month and also convicting him under Sections 302 r/w 34, I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months. The learned Trial Judge ordered the sentences to run concurrently.

2. There were two accused in this case and the second accused was tried separately in S.C. No.40 of 1998 as the appellant (A-1) was absconding and that case was ended in acquittal on 01.12.1998 on the ground that the name of the second accused was not mentioned by the deceased in the Dying Declaration.

3. The brief facts of the case, as unfolded during the course of the trial, are as follows :

(i) PW.2 is the wife of the deceased. PW.3 is the brother of the deceased. PW.4 is the wife of PW.3. It is stated by PW.3,