JUDGMENT

UNTWALIA, J. :— Criminal Appeal No. 251 of 1972 has been filed under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and Criminal Appeal No. 243 of 1973 is by special leave. In all there are six appellants. It would be convenient to refer to them with reference to their accused number given in the judgment of the Sessions Court. They are as follows:

Accused No. 1 (A-1)-Ramaswami Ayyangar.

Accused No. 2 (A-2)-Vattappan.

Accused No. 3 (A-3)-Kaipilai alias Karuppayyan

AccusedN o. 4 (A-4)-Raman

Accused No. 5 (A-5)-Kathayyan.

Accused No. 6 (A-6)-Kulandaiyan.

2. The occurrence giving rise to these two appeals took place on Monday the 21st April, 1971 at about 4.00 p.m. at Sivan Koli tank in village Thaduthalkondapuram. In the said occurrence was seriously injured one Kaliaperumal who later died in the Hospital at about 9.00 p.m. the same evening. Another person injured in the occurrence was also named Kaliaperumal, P. W. 1. The prosecution case is that deceased Kaliaperumal was living with his maternal uncle Pichai Konar, P. W. 7 since infancy. A-1 is the Karnam of the village and A-6 is the Government vetti. A-2 and A-3 are brothers. A-4, A-5 and A-6 are