1. This criminal appeal is arising out of the judgment of conviction and sentence passed by the learned Additional District and Session Judge, Fast Track Court-IV, Ponneri in S.C.No.107 of 2009 convicting the appellant and sentence him to undergo five years rigorous imprisonment and imposed fine of Rs.5,000/- in defalut to undergo six months simple imprisonment.

2. The case of the prosecution is as follows :-

The accused, deceased, the injured Krishnan(P.W.1), Veetabathiran, Mani, Rajendiran, Somu, Senthil, Ananthan, Suresh and Shankar were used to play cards for money at the vacant place belonging to Chennai Metro Water and Sewerage, Manali, Chennai. On 06.11.2008, these persons while they were playing cards under the kerosine cada lamp at about 7.00 p.m., there was a quarrel between the accused and the deceased, in which, the accused thrown kerosine cada lamp on the floor. The fire spread out and the deceased sustained grievous hurt due to fire. He was admitted into the Pavithra Private Hospital, Kodungaiyur and he died on 15.11.2008.

3. P.W.1, Krishnamurthy and P.W.2, Narendirakumar were also sustained fire injury and got admitted in KVT Health centre at Moolakadai. The D