PERIATHAMBI KATTAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused, six in number, in S.C. No. 133 of 1985 on the file of the Principal Sessions Judge, Salem, have preferred this appeal challenging the legality and correctness of the various convictions and sentences as detailed below:

(2.) The case of the prosecution as revealed from the oral and documentary evidence which is necessary for the disposal of the appeal may be succinctly stated as follows: Accused 5 and 6 and one Kaveri (father of the first accused) are the sons of one Nallathambi. Nallathambi and one Adaikalant (father of the deceased Palanisami) are brothers. There was no partition between them. The second accused is the son of the fifth accused. The third accused is the wife of the sixth accused. The fourth accused is the mother of the first accused and wife of Kaveri.

(3.) About 4 years prior to the occurrence, the deceased Palanisami and his elder brother entered into an agreement with P.W. 11 to purchase the property of P.W. 11 and advanced a sum of Rs. 7,000/-. But, subsequently, during the subsistence of the said agreement, the first accuseds father Kaveri and also accused 6 obtained a sale deed in respect of the said land from P.W. 11. On <FRM> Charge No. 1 Accused 3 to 5 Sec. 147 I.P.C. R.I. for one year each. Charge No. 2. Accused 1,2 & 6 Sec. 147 I.P.C. R.I. for two years each. Charge No. 3 Accused. I and 2 Sec. 302 read with Sec. 34 I.P.C. for Life Imprisonment. Charge No. 4 Accused 3 to 6 Sec. 302/109 or Sec. 302/ 149 IPC. Imprisonment for life Charge No. 5 Accused No.6 R.I. for one year. Sec.324 IPC.</FRM> account of the same, enmity arose between the family of the deceased and that of the first accused. Accused 5, 6 and Kaveri (father of the first accused) were demanding the deceased that they should be permitted to take water from the common well to the land purchased from P.W. 11 through the land of the deceased, the deceased refused to allow them to take water through the land purchased by him from one Kandasami.