BALAKRISHNAN S/O DHARMAKAN NADAR; BALAKRISHNAN S/O BALIAH NADAR Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are the first and second accused in SC. No. 38 of 1999 on the file of the learned Principal Sessions Judge, Tirunelveli. A-1 stands convicted for the offence under Section 302 IPC and A-2 stands convicted for the offence under Section 302 read with 34 IPC and both of them are sentenced to undergo life imprisonment and to pay a fine of Rs. 500/- and in default, each of them to undergo 3 months rigorous imprisonment. Against the said conviction and sentence the appellants have preferred this appeal.

(2.) The case of the prosecution is that on 19.07.1997, due to the dispute between the deceased and his brother Balaiah over the enjoyment of a common well, A-1, the son-in-law of the said Balaiah and A-2, the son of the said Balaiah, attacked the deceased with aruval and stick and caused the instantaneous death of the deceased.

(3.) In order to prove its case, the prosecution examined 11 witnesses, marked 17 exhibits and produced 6 material objects.