JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., praying to set aside the order of conviction passed by the judgment in S.C.No.66 of 2012 passed by the Additional District and Sessions Court, Chengalpattu, by judgment dated 29.08.2019 and acquit the appellant/accused.)

1.This appeal is filed by the sole accused, who was found guilty of offence under Section 304(i) of IPC for causing death of 1 ½ years old child. While the accused attempted to stab one Pachaiammal, but accidentally, hit the child carried by the daughter of Pachaiammal, who tried to prevent the accused from stabbing Pachaiammal.

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

 The accused Venkatesan was residing opposite to the house of the complainant. When the accused asked Pachaiammal to arrange a job, she has arranged for a helper job to the mason work in a construction site for daily wages of Rs.400/-. After 3 days, the accused was paid Rs.370/- per day after deducting Rs.30/- per day from his wages. The wage of the accused had deducted at the rate of Rs.30/- per day as a commission for Pachaiammal who arranged the job for him. Therefore, on 14.12.2010 at about 10 am the accused went