IMPORTANT POINT
When accused was armed with dangerous weapon like aruvel and on his exhortation other accused caused grave injuries on vital parts of body of deceased then accused shall be taken to have shared common intention in causing death.

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 after placing the pipes and other accessories near the well at about 11.30 a.m. near the house of one Chinnamottaisamy, the appellants herein along with the father of A-3, by name, Chellandy confronted them. At that time, A-1 was armed with aruvel, A-2 (since deceased) with stick and A-3 with soori knife and at the instigation of A-1 to kill them, A-3 is said to have stabbed the deceased with soori knife on the ingunial region and A-1 cut the deceased with aruvel and A-2 hit with a stick which fell on the right wrist of the deceased. The further case of the prosecution is that when PW-1 raised a hue and cry the accused attacked him also causing certain simple injuries on him, consequent to the said attack the brother of PW-1 Bose died. A complaint in this regard was lodged at about 2.30 p.m. in Veerapandy Police Station, wherein PW-14 the Sub-Inspector of Police recorded the complaint and registered a case for offences punishable under Sections 302 and 307 IPC both read with Section 34 IPC. After the investigation, the three accused persons out of whom two are before us in this appeal, were charged for offences, as stated above.

3. During the course of trial, the prosecution through the evidence of PW-9, the Medical Officer, established the fact that the deceased had suffered as many as three injuries out of which injury No. 1 which had cut the femoral artery and vein as well as the head injury which caused cerebral haemorrahage caused the death of the deceased due to shock and haemorrahage. The prosecution through the other medical evidence of PW-7 established the fact that PW-1 had suffered as many as 7 injuries though the said injuries were simple. It is on the basis of this medical evidence coupled with the evidence of PW-1 who is the injured eye-witness as well as that of PW-2 who happened to come to the place of incident at the time of attack, as also based on the defence taken by the accused, the trial court convicted the accused persons for offence punishable under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life. It also convicted them for an offence punishable under Section 307 read with Section 34 IPC for having attempted to commit the murder of PW-1 and sentenced them to undergo R.I. for a period of 7 years and directed the sentences to run concurrently.

4. An appeal filed by the convicted accused to the High Court of Judicature at Madras came to be dismissed, confirming the judgment and conviction made by the learned Session Judge.

5. The convicted accused filed the SLP before this Court and during the pendency of that petition, A-2 died and this Court granted leave to appeal only to the present appellants.

6. In this appeal, Shri A.T.M. Sampath, learned counsel appearing for the appellants contended t