JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code, praying to set aside the judgment of the learned Principal Sessions Judge, Salem in S.C.No.267 of 2013 dated 26.04.2018.)

1. This Criminal Appeal has been preferred challenging the judgment of the learned Principal Sessions Judge, Salem dated 26.04.2018 made in S.C.No.267 of 2013.

2. The appellant is the first accused, who was found guilty for the offence under Section 304(I) IPC and sentenced him to undergo ten years Rigorous Imprisonment and imposed with a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for six months. The second accused was a minor at the time of occurrence.

3. The short facts of the prosecution case are as follows: -

3.1. The deceased (Palani) was a night watchman of Varathan Iron Godown; on 10.02.2013 at about 11.30 p.m. the accused along with one juvenile Kulpi @ Viji were sitting in the Godown and talking loudly, the deceased who was the watchman of the Godown asked them to leave the place and the deceased went and sat on his cot; thereafter, the appellant and the minor accused Kulpi @ Viji came with an intention to murder the deceased and ask