JUDGMENT

Santosh Hegde, J.-The appellant abovenamed was chargesheeted by Erode Taluk Police Station for an offence under Section 302 IPC (on two counts) and Section 506 IPC before the Judicial Magistrate, Erode, for having committed the murders of Arisikarar alias Nachimuthu (D-1) and Beedikarar alias Nachimuthu Gounder (D-2) due to previous enmity and for further having threatened certain others who tried to intervene in the incident which led to the death of D-1 and D-2. Learned Sessions Judge, Periyar District, after trial, came to the conclusion that the prosecution has established that the appellant had committed the said murders, hence, found him guilty of offence punishable under Section 302 on two counts and convicted and sentenced him to life imprisonment on each of the said count and further held him guilty for an offence punishable under Section 506 IPC and convicted and sentenced him to undergo RI for a period of one year. He directed that all the sentences should run concurrently.

2. The appeal of the appellant before the High Court of Judicature at Madras being unsuccessful, the appellant is before us in this criminal appeal. The prosecution case, stated briefly, is as follows :

3. The family of the accused was originally staying in a village called Velayuthampalayam and moved about 25 years before the date of the incident from the said village to Thottanichatram. His family members were agricultural labourers. It is stated that the accused had 2 brothers and 2 sisters out of which Saraswathi also known as Sarasu, the elder sister, was doing the work of agricultural labourer. About 15 years prior to the incident in question, one of the sons of deceased D-1, namely, Muthusamy and another friend of his also known as Muthusamy @ Kidakarar son of Chinnappa Gounder had raped the said Sarasu. In regard to this incident, a Panchayat was called and there was a suggestion that either of the persons involved in the said rape incident should marry the said Sarasu which was not agreed to by D-1 and the latter had threatened the family of the appellant to banish the said Sarasu from the village because of her bad character. The appellant s family being helpless, had to send her away to Madras where she lived for sometime and about 4 years before the date of the incident, she had come back to the village along with another person whom she claimed to have married and on coming to know of the said incident of rape, her husband is supposed to have taken her away to a place called Karaikudi. The further case of the prosecution is that thereafter about 2 years prior to the date of the incident, the said Saraswati again came back to the village alone and when D-1 came to know of the same, he called the appellant and warned him that if Sarasu has allowed to stay in the village, he would arrange for a boycott of the family by other villagers, therefore, he directed the appellant to take Sarasu away from the village because of which Sarasu had to go away. It is the case of the prosecution that since then the appellant entertained a grudge against D-1 and was off and on telling people that because of the deceased persons, his family had been ruined. With this incident in the background, according to the prosecution, the appellant wanted to take vengeance upon the deceased persons, hence, on 16.12.1990 at about 1.30 p.m. when the two deceased persons were working on a piece of land near about their house, he attacked them with a sickle, consequent upon which both the deceased died on the spot. It is stated that this incident was witnessed by PW-1 who is son of D-1, PW-2, Palanisamy, son of D-2, one Thulasi Ammal, wife of PW-2 and Rengasamy son of D-2. The further case of the prosecution is that the appellant after the attack took to his heels with the blood stained sickle in his hand. It is also stated that as he was running, he met PW-3, Chinnappa Gounder and one Papayee @ Periyammal wife of D-1. It is the case of the prosecution that the