(Prayer:- This Criminal Appeal is filed under Section 378 Cr.P.C., against the conviction imposed in the judgment dated 09.03.2011 made in S.C.No.47 of 2009 on the file of the learned Principal Sessions Judge, Namakkal.)

The criminal appeal is preferred by the appellants aggrieved by the judgment of conviction passed against them in S.C.No.47 of 2009 by the learned Principal Sessions Judge, Namakkal.

2. The appellants were tried for offence under section 302 r/w 34 IPC. The trial court after appreciating the evidence, held them guilty for offence under section 304 IPC. Challenging the said finding of the trial Court, this Criminal Appeal is filed by the appellants.

3. The case of the prosecution, is as follows:-

Senthil @ Senthil kumar (A-1) and Kumar @ Satish Kumar (A-2) are the appellants herein. The appellants are brothers. They are the residents of Cithallandur village. They own agricultural land and Tractor. They used to hire the Tractor for rent. They also run a meat shop at Cithallandur village by name, K.K.S Broilers. On 06/01/2008 at about 6.00 pm when Gunasekaran of Pokkampalayam village parked his Tractor in front of their meat shop and went to drink tea in the near by tea shop run by one Murugesan. The appellants thought that Gunasekaran has wantonly parked his Tractor in front of thier shop to disturb their business. Therefore, when Gunasekaran returned back to take his Tractor after having tea with his cousin Manokaran (P.W.3), Senthil @ Senthil kumar (A-1) questioned Gunasekaran, -why he parked the Tractor in front of their shop and spoiled their business. He slapped Gunasekaran on his cheek. Gunasekaran took his Tractor, went home and reported the incident to his father - Muthusamy. At about 7.00 pm, Muthusamy along with his son Gunasekaran came to the shop of the appellants and questioned them why A-1 (the frist appellant) slapped his son. In retortion, Sathish Kumar (A-2) slapped Muthusamy and kicked him on his stomach. Suresh Kumar (A-1) hit Muthusamy on his head with a wooden log. Muthusamy fell on the floor and become unconscious. Gunasekaran informed his brother-in- law Palanisamy over phone. On his arrival to the spot, Muthusamy was taken to the hospital at Thiruchengodu Government Hospital. The duty doctor examined the patient, intimated the matter to the Police and after providing first aid, referred the patient to Erode General Hospital. Muthusamy was taken to the Erode Hospital and he was admitted as inpatient. He died on 07/01/2008 at 12.35 hours. The FIR registered on 07/01/2008 at about 6.30 am in Crime No.17/2008 for offences under sections 294(b), 323, 341 and 506(ii) of IPC was altered to sections 294(b), 341 and 302 IPC.

4. Investigation was taken up by the Inspector of Police Mr.Gnanaprakasam (P.W.20). The accused were arrested on 10/01/2008. Based on the information given by Senthil kumar, the wooden log used by him to assault Muthusamy was recovered from his meat shop concealed under the chicken waste. After obtaining the accident report, post mortem report and the statements of the witnesses, the investigation was completed and final report was filed against the appellants.

5. The District and Session Court on committal, framed charge under section 302 r/w 34 IPC. Examined 20 witnesses (P.Ws.1 to 20) as prosecution witnesses. 24 documents were marked as Exs.P-1 to P-24. The wooden log and white colour polyster dhoti of the deceased were marked as M.O.1 and M.O.2. On the side of the defence, the General Diary entries of the respondent police station for 07/01/2008 and 10/01/2008 were marked as Ex D-1 and Ex D-2 respectively.

6. The trial court concluded the trial holding that, A-1 and A-2 committed culpable homicide and caused the death of Muthusamy, for trivial reasons. Convicted both the accused for offence under section 304 IPC. Sentenced A-1 to undergo 10 years Imprisonment and to pay fine of Rs.10,000/- in default, one year imprisonment. Sentenced A-2 to undergo 5 years imprisonment