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17. Now, applying the principles already set out by the Hon'ble Apex Court, the evidences given by P.W.2 and P.W3 in respect to the occurrence would go to show that the offence committed by the accused is nothing but an offence punishable under Section 355 of IPC. In otherwise, the other material contradictions indicated by the appellants' counsel is immaterial to decide the case in favour of the accused. Of course, if the appellants are having the intention to kill the deceased, it would not be necessary for them to bring the deceased immediately after the occurrence, that too by using their own car and admit him in the hospital. Though there was discrepancy found in securing the accused, being the reason that already this Court came to the conclusion that the petitioners are found guilty under Section 355 of IPC, the same is also immaterial to decide the case in favour of the accused.

18. Accordingly, I am of the view that during the time of occurrence, both the accused herein pushed down the deceased and https://www.mhc.tn.gov.in/judis committed the offence under Section 355 of IPC and therefore the appellants are found guilty and are convicted under Section 355 of IPC.

19. In the result, the Criminal Appeal is partly allowed. The conviction and sentence imposed upon the accused by the learned Additional Sessions Judge, Krishnagiri, Krishnagiri District for the offences under Section 304(ii) r/w 34 IPC, vide judgment dated 18.08.2020 in S.C.No.75 of 2019, is modified as hereunder:

(i) The conviction and sentence imposed by the trial Court for the offence under Section 304(ii) r/w 34 of IPC is set aside.
(ii) The appellants / accused are found guilty and are convicted for the charge under Section 355 of IPC and are sentenced to undergo four months rigorous imprisonment with a fine of Rs.25,000/-(each), in default to undergo further period of six months simple imprisonment. Further ordered to return the fine amount to the wife of the deceased as compensation under Section 357(1) of Cr.P.C. The period of remand already undergone by the accused if any, is ordered to be set off against the sentences imposed.