DHANABAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is by Special Leave accused 1 and 2 in S. C. 26 of 1974 on the file of Sessions Judge, South Ascot Division, against their conviction and sentence imposed by the High Court of Judicature at Madras in Criminal Appeal No. 823 of 1974 dated 1st September, 1975.

(2.) The two Appellants and Muthuthamizaharesan were accused Nos, 1-3 in the Session Court, The first appellant was found guilty under Sec. 302 read with Section 149, I. P. C. and sentenced to imprisonment for life. The second appellant and the third accused were found guilty of an offence under Section 302 read with Section 149, I.P.C. and sentenced to imprisonment for life. On appeal by the two appellants and the third accused, the third accused was acquitted by the High Court and the appellants Nos, 1 and 2 are before us.

(3.) The deceased Rasayal is the sister of appellants and the third accused. The first accused Dhanabal is the eldest and the second appellant and the third accused are his younger brothers. The second appellant married Laxmi, the daughter of Rasayal. Rasayal owned about 5 acres of land in Keelakkarai village. She executed a general power of attorney Exh. P-15 on 31st Aug. 1970 in favour of the second appellant Rasayal, after she lost her husband, started leading an immoral life which was disliked by her brothers. As a result, Rasayal began to cultivate her own land in spite of the power of attorney executed in favour of the second appellant. There was misunderstanding between the parties and Rasayal had complained to the Police stating that her brothers had threatend to do away with her.