SERIYAL UDAYAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal arises out of the conviction of the accused-appellant 1 under S. 302 and also under S. 447 is sentenced to imprisonment for life and 3 months' rigorous imprisonment respectively whereas accused 2 was sentenced to one year rigorous imprisonment under S. 324 and 3 months under S. 447, I.P.C. All sentences to run concurrently awarded by the High Court of Madras in an appeal against acquittal filed by the State. The two accused were tried before Sessions Judge, Pudukkottai in Sessions Case No. 5 of 1976 for offences under Ss. 447 and 302 read with Ss. 34 and 324, I.P.C. This appeal has been preferred only by the present appellant who was sentenced to imprisonment for life and he preferred this appeal from jail. It appears that the other, accused has served out the sentence and has chosen not to prefer the appeal.

(2.) According to the prosecution PW 1 Santhiyaggo was residing with his mother Arokiya Mari and his brothers along with Arokiyaswami the deceased in this case.

(3.) The accused appellant 1 had married Upakaramari the elder sister of PWs 1 and 2 and the deceased. Accused 2 is the son of accused 1. The accused on the one hand and P.W. 1 and his brothers on the other owned agricultural lands adjacent to each other with a ridge separating their lands.