KARUPPANNA THEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants were tried by the learned Sessions Judge Ramanathpuram, at Madurai, under Section 302 read with Section 34 of the Penal Code on the charge that on February 7, 1969 they committed the murder of one Andar Chettiar in furtherance of their common intention. The learned Judge by his judgment of December 2, 1969 acquitted the appellants on the view that the prosecution had failed to prove the charge beyond a reasonable doubt. In appeal the High Court of Madras set aside the order of acquittal, convicted the appellants and sentenced them to imprisonment for life under Section 302 read with Section 34. This appeal by special leave is directed against that judgment.

(2.) The village of Pannaiyur where Andar Chettiar was murdered is ridden by factions. The Chettiars and Thevars have been fighting civil and criminal litigations for several years concerning rights regarding the Arianatchiamman temple. The case of the prosecution is that the appellants, who are Thevars, were aggrieved that the deceased Andar Chettiar used to help the Chettiars in their litigations against the Thevars and therefore the appellants committed the murder of Andar Chettiar at about 1 a.m. on February 7, 1969.

(3.) Late on the night of February 6, 1969 the deceased went to his field for watching the crop along with Alagiri Chettiar who is an important witness in the case. They went round their fields and then sat near the well of one Ramaswami Chettiar. It was then past midnight. It is alleged that the appellants rushed to the spot and killed Andar Chettiar. Appellants 1 and 3 are alleged to have been armed with spears, Appellant 2 with a sickle and Appellant 4 with a stick.