(Prayer: Criminal Appeal has been filed under Section 374(2) of the Criminal Procedure Code against the conviction imposed in the judgment dated 24.01.2012 made in S.C.No.52 of 2010 on the file of the Principal Sessions Court, Namakkal sentencing him to undergo ten years imprisonment and a fine of Rs.10,000/- i/d to undergo one year imprisonment for the alleged offence under Section 304 (ii) of IPC is sought to be challenged before this Court.)

1. The appellant herein is the elder brother of the deceased Mani @ Karuppannan. On 25.04.2009 at about 07.00 a.m, near the house of the deceased Mani @ Karuppannan due to previous enmity in dividing the property, the appellant hit his brother Mani @ Karuppannan with wooden log on his abdomen. When he was taken to the hospital, Mani @ Karuppannan was declared brought dead by the Doctor.

2. Based on the complaint given by Ramayee, wife of Mani @ Karuppannan, First Information Report was registered on 25.04.2009 at 11.30a.m. The wooden log used in the crime were recovered under mahazar. The accused voluntarily surrendered before the Judicial Magistrate on 28.07.2009. After recording the statement of witnesses and collecting the post-mo