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 also inter se brothers. A-2 to A-6 worked under A-1. There was enmity between P. W. 7 and the deceased on the one hand and A-1 on the other on account of several causes. The facts showing the enmity between them are stated in the judgments of the courts below and are not necessary to be detailed here. Two days prior to the occurrence Marimuthu, P.W. 10 was driving some cattle, 4 or 5 of them went astray and entered into the Gingilli Kollai (field) belonging to A-1. A-1s men scolded P. W. 10 and the deceased who was informed about the incident by the former at a tea shop. P. W. 1 was also present there. Deceased Kaliaperumal passed on the information to P. W. 7.

3. Ramalingam, P. W. 4 brother of the deceased was taking his bath in the Sivan Koli tank. Kaliaperumal (deceased) also came there saying something against the Karnam. He also started bathing at the northwestern corner of the tank. According to the prosecution case, A-1 came there followed by A-2 to A-6. A-2 had a cross-stop (an instrument used in Survey and measurement, perhaps the correct name of the instrument is cross-staff). A-3 and A-4 were each armed with an Aruval. A-5 had a stick and A-6 was carrying a stick with a spear attached to it. According to the evidence in Court. A-1 told the other accused not content to with grazing (his) cattle in my gingilly field, he is also abusing me. Cut him, whatever be the expenses. I will look after that. Thereupon A-4 asked the deceased Kaliaperumal Why are you abusing the Iyar? Saying something Kaliaperumal ascended the bank. A-3 and A-4 assaulted him on his head with Aruvals. P. W. ran to separate them when A-2 assaulted him on his head with the cross-staff. P. W. 1 attempted to run. Thereupon it is said A-6 obstructed him from running with the help of the stick with spear head. A-4 again cut on the head of Kaliaperumal (deceased) with his Aruwal. A-2 beat on P. W.s head with the cross-staff four or five times. P. W. 1 fell down unconscious. P. W. 7 and others took the injured to the Government Dispensary Kodavasal. Dr. Radha Singh, Civil Assistant Surgeon. P. W. 15 examined Kailaperumal deceased at 4.55 p.m. and issued a Wound Certificate. Since his condition was serious he was sent to the Government Hospital, Kumbakonam. P. W. 15 examined the injuries at P. W. 1 at 5.20 p.m. and found as many as nine injuries on his person. As already stated Kaliaperumal died at about 9.00 p.m. Dr. N. Jayaraj, P. W. 18 performed the autopsy over the dead body. As many as 14 injuries were found. The injuries given on the head with Aruval according to the opinions of the Doctors were sufficient in the ordinary course of nature to cause his death.

4. Various charges were framed against the six accused including that of rioting under Section 147, I.P.C. against A-1