JUDGMENT

This Appeal had been filed to set aside the Judgment of conviction and sentence passed by the learned III Additional District Sessions Court at Kallakurutchi in S.C.No.324 of 2008, dated 28.01.2016.

2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:

2.1 P.W-5 Jothi is the younger sister of the deceased Rangasamy. P.W-5 Jothi and the Accused Chellamuthu were drawing water from the common Well using the common pump set for irrigating their respective agricultural lands on turn basis. The coil of the motor pump set burned out. Therefore, for recoiling the pump set, the Accused demanded money from P.W-5 Jothi, for which Jothi refused to pay. She stated that since it is a common pump set, she can pay her share of money required to recoil the pump set. But the Accused demanded payment for the recoiling expenses for the motor pump set exclusively from P.W-5 Jothi. Since P.W-5 refused to take up the entire expenses, the Accused had scolded her in filthy language. The Accused Chellamuthu and P.W-5 are relatives. P.W-5 complained this to her elder brother Rangasamy. On 10.05.2006, by around 12:00 in the midnight, near Ammampalayam Murugan