1. The appeal arises out of the Judgment of conviction and sentence dated 30.11.2005, made in S.C.No.38 of 2004 on the file of the learned Principal Sessions Judge at Pondicherry, whereby, the accused was convicted for the offence punishable under Section 323 of IPC in terms of Section 235 (i) of Cr.P.C. and sentenced to undergo six months simple imprisonment with fine of Rs.1,000/-, in default, to undergo one month simple imprisonment.

2. The respondent Police filed a charge sheet stating that on 29.06.2002 at about 16 hours at Big Market, Mahatma Gandhi Road, Pondicherry, due to wordy quarrel, the accused assaulted one Velu and pushed him down and caused head injury, which resulted in his death and thereby, committed culpable homicide not amounting to murder, an offence punishable under Section 304 of IPC.

3. The case of the prosecution, on the basis of evidence let in by the persecution witnesses, is as follows:

(i) P.W.1 – Rani is the sister of the deceased Velu. P.W.4 – Kala is the wife of the deceased Velu. On the fateful day, i.e. 29.06.2002 at about 4.00 p.m., when P.W.1 was entering into the Big Market to purchase vegetables, she saw her deceased brother askin