JUDGMENT

(Prayer: Criminal Appeal filed u/s.374(2) of the Code of Criminal Procedure against the conviction and sentence passed by the District and Sessions Judge No. II, Kanchipuram, in S.C.No.18 of 2014 dated 29.06.2017.)

1. The appellant has challenged the Judgment of conviction and sentence imposed on him dated 29.06.2017 passed by the learned District and Sessions Judge No.II, Kanchipuram in S.C.No.18 of 2014. The appellant was convicted and sentenced by the Trial Court as follows:-

Conviction

Sentence

Section 304 (ii) IPC

To undergo Ten years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo Rigorous Imprisonment for Six months.

Section 506 (ii) IPC

To undergo Three years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo Rigorous Imprisonment for Three months.

The sentences were ordered to run concurrently

2. The case of the prosecution is that on 07.08.2013, at about 8:45 p.m., on account of prior enmity, the appellant near the house of his brother, one Manoharan, slapped the deceased, pushed him on the cement road, and stamped him on the chest and the neck of the deceased and caused his death. It is also alleged that during the co