JUDGMENT

Santosh Hegde, J.-The family of the appellants herein and that of the deceased Bose owned neighbouring agricultural lands in Lakshmipuram Village within the jurisdiction of Veerapandy Police Station, Tamilnadu. Both the lands were irrigated by one common well, in regard to which there was some dispute between the two families. The family of the appellants had installed a water pump and also had spent some money on deepening the said well, in regard to which there was a Panchayat which held that the family of the deceased could install its own pump for the purpose of irrigating their land but must pay its share of expenditure incurred in deepening the well.

2. It is the case of the prosecution that on 10.11.1984 while the deceased and his brother PW-2 were trying to install their pump, there was an argument between the appellants and the deceased for the non-payment of dues. Hence, during the said argument, the first appellant threatened the deceased and his brother that the family of the deceased could install the electric pump only after he (A-1) was dead. The further case of the prosecution is that on 10.11.1984 when PW-1 and the deceased were returning back from the well