(1.) APPELLANTS are accused 1 and 2 in Sessions Case No. 88 of 1989 on the file of the Principal Sessions Judge, Ramanathapuram at Madurai. They were initially charged by the learned Sessions Judge along with two other accused. The appellants were then arrayed as A1 and A3 respectively and two other persons Senthamil Selvan and Kalimuthu Vathiyar alias Kalimuthu were arrayed as A2 and A4 respectively. Charges were framed under Sections 120 -B IPC and 302 r/w 34 IPC against all the four accused. Senthamil Selvan, A2 in the said Sessions case, become mentally ill and his case was split up and a separate number was given. Thereafter, the learned Sessions Judge, framed charges against the appellants, who were arrayed as A1 and A2, as well as against Kalimuthu Vathiyar alias Kalimuthu, who was arrayed as A3. In this judgment, the appellants will be referred to as A1 and A2 respectively and the acquitted accused, Kalimuthu Vathiyar alias Kalimuthu, will be referred to as A3 and similarly, Senthamil Selvan, whose case was split up, will be referred to by his name, for the sake of convenience.
(2.) THE first charge against A1 to A3 was under Section 120 -B IPC on an allegation that at about 8.00 p.m. on 25.6.1987, A1 to A3 and the accused Senthamil Selvan conspired to commit the murder of Nataraja Reddiar S/o of Ramasamy Reddiar and hence, they were liable to be punished under Section 120 -B. Under charge No. 2, A1 to A3 were charged under Section 302 r/w 34 IPC on an allegation that at 9.30 a.m. on 27.6.1987, the accused Senthamil Selvan and A2. each armed with a knife, cut the said Nataraja Reddiar on the back of his chest, shoulder, flank and overhead and that A1 also stabbed him on his stomach as a result of which, the said Nataraja Reddiar died. The learned Sessions Judge, on the evidence adduced, acquitted A1 to A3 under Section 120 -B IPC and also acquitted A3 under Section 302 r/w IPC. He convicted the appellants/A1 and A2 under Section 302 r/w 34 IPC and sentenced each of them to suffer imprisonment for life. Hence, the present appeal. P.W.1 is the niece of the deceased and P.W.2 is distantly related to the deceased. They were residents of Mettukundu, P.W.1 on the date of incident was 18 years old and has studied upto S.S.L.C. The deceased was a bachelor. P.W.1's uncle, Arunachala Reddiar. contested the election for the post of the President of a Panchayat Board and he was opposed in the said election by one Kamipiah Thevar. A1 to A3 as well as the accused Senthamil Selvan supported Karuppaiah Thevar. The deceased supported Arunachala Reddiar. Karuppiah Thevar lost the election and ever since that date, the accused were inimical towards the deceased. After the elections were over, the junior paternal uncle of P.W.1. Raju Reddiar, was murdered and his haystack was also set on fire. The deceased, Nataraja Reddiar. was helping the family of Raju Reddiar in prosecuting a criminal case. The accused were enraged against the deceased on account of this also. The accused Senthamil Selvan always used to alter the ridge and on account of this, there used to be disputes between the deceased and the accused Senthamil Selvan.
(3.) TWO days prior to the date of incident. Nataraja Reddiar was returning from Virudhunagar and A1 to A3 and the accused Senthamil Selvan accosted him and threatened him saying that he will be done to death in two days. The deceased informed this fact to his brother.