(1.) This criminal appeal is filed aggrieved by the judgment dtd. 21/2/2019 passed in S.C. No. 1 of 2016 by the Court of Sessions, Cuddalore Division, Cuddalore by which, the learned Sessions Judge, while acquitting the accused/appellant of the offences under Ss. 294(b) and 449 IPC, convicted him under Sec. 304(II) IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1000.00, in default to undergo rigorous imprisonment for one year.
(2.) On 17/9/2015, when P.W.11 was on duty, at Vridhachalam Police station, P.W.1 came to the Police Station and lodged a complaint to the effect that the appellant/accused, who is the sister's son of her husband, on the date of occurrence, came home and picked up a quarrel with him by abusing him in unparliamentary language and since he was admonished by the family members and others present at the scene, he went away and thereafter, when her husband was sitting outside the house in the courtyard, he again came back, picked up a quarrel and attacked him with a wooden log/firewood, which was stacked in front of the house and hit him on the head on account of which her husband sustained fatal injuries and was taken to the hospital in Tata Ace Vehicle and the Doctor, who examined him, declared him as having been brought dead. On the complaint given, a case in Crime No. 745 of 2015 was registered for offences punishable under Ss. 449, 294(b) and 302 IPC.
(3.) P.W.13 took up the case for investigation and completed the investigation and laid the final report, which was taken on file as PRC No. 19 of 2015 by the learned Judicial Magistrate No.I, Vridhachalam proposing the accused guilty of the offences under Ss. 449, 294(b) and 302 IPC. Upon being questioned, the appellant/accused denied the charges and stood trial.