This Criminal Appeal has been preferred against the judgment and conviction made by the District and Sessions Judge, Mayiladuthurai in S.C.No.202 of 2010, by judgment dated 22.10.2013, by and under which, the Trial Court has convicted A1, A2 and A4 and sentenced to undergo punishment of simple imprisonment for one year each, for the offence under Sections 323 IPC and also convicted A3 and sentenced to undergo the punishment of rigorous imprisonment of seven years with fine of Rs.500/- in default to undergo further sentence of two years rigorous imprisonment, for the offences punishable under Section 304 (Part-1) of IPC.

2. The prosecution case before the Trial Court was that, on 16.06.2010 at about 10.00 p.m., the deceased Elangovan on the way to his home with alleged drunken mood, picked up quarrel with his cousin sister one Sujatha, on the night hours at 10.00 p.m., when she was sitting outside of her house, which was opposite to the deceased house at Valan Theru in Mela-Sitharkadu for the alleged reason that, at the late hours since she was sitting out side at home. At that time, the A1 father of the said Sujatha, A2 to A4 brothers of her came and attacked the deceased Elangovan and it was witnessed by the deceased wife Amutha, P.W.1 and deceased brother Satishkumar, P.W.2, and they came and rescued the deceased and they took him to their home.

3. It is the further case of the prosecution that, in the next day at about 10.00 a.m., the victim was brought to Mayiladuthurai Government Hospital and admitted by P.W.1 and at the time of admission of the deceased at the hospital, the P.W.1 reported to the Doctor that, previous day night the deceased fell down, when he was cycling, with the result, he sustained injuries. Based on the said report of P.W.1, the victim was admitted at the hospital at 10.25 a.m., on 17.06.2010 and at that time, it was not treated as Medico Legal case and the deceased was continuously treated as inpatient at the hospital. However, at about 10.15 p.m. on 17.06.2010, the condition of the deceased was worsen and when the same was brought to the notice of P.W.1., she informed to the Doctor that on previous night, the deceased was attacked by A1 to A4 with the result, he sustained these injuries and therefore, accordingly, appropriate treatment can be given to him. Inspite of continuous treatment, shortly, i.e., at about 10.45 p.m., on the same day, the deceased died.

4. Accordingly, the deceased body was kept in mortuary for postmortem and thereafter, the next day early morning, i.e., on 18.06.2010, the P.W.1 and P.W.3, one Sekar went to the respondent police and the P.W.1, had given the complaint, based on which, FIR was registered and on investigation, the accused A1 to A4 were arrested and on the basis of the evidence, charge sheet was filed against the accused persons for the alleged offences punishable under Section 302 IPC against A3 and 302 read with 34 of IPC against A1, A2 and A4. The Trial Court, after having tried the case, in the impugned judgment convicted and sentenced A1, A2 and A4, for one year simple imprisonment for the offence punishable under Section 323 of IPC and convicted and sentenced A3 for seven years Rigorous imprisonment with fine of Rs.500/- in default to undergo further rigorous imprisonment of two years, for the offence punishable under Section 304 (Part 1) of IPC. Aggrieved over the said judgment and conviction of the Trial Court made against the accused, they preferred this appeal.

5. On behalf of the prosecution, 12 witnesses were examined i.e., P.W.1 to P.W.12, 21 exhibits were marked i.e., Exs.P1 to P21 and three M.Os. were produced i.e., M.O.1 to M.O.3. There had been no defence witnesses or exhibits.

6. Mr.V.Kasinatha Bharathi, learned counsel for the appellants/accused raised the following grounds assailing the conviction and sentence made against the appellants/ accused.

7. Even though the alleged occurrence taken place at about 10.00 p.m. on 16.06.2010, no compla