Judgment

KAILASAM, J.:- This appeal is preferred by special leave against the judgment of a Division Bench of the Madras High Court in Criminal Appeal 373 of 1973 finding the appellant guilty on two counts under S. 302, Indian Penal Code and sentencing him to death on each count. The case for the prosecution is as follows :-

Petha Gounden who will be referred to as the first deceased, is the father of the appellant Guruswamy and the second deceased Doraiyan alias Kailanna. There were two other accused before the sessions court, the second accused being the brother-in-law of the appellant having married his sister. The third accused is a cousin and the friend of the second accused. Second and third accused were acquitted by the High Court of the offence under S. 302, Indian Penal Code but were convicted of minor offences. There is no appeal against their conviction by the second and third accused.

2. Deceased Petha Gounden owned about 10 acres of land and about 13 years before the occurrence, he divided those lands between the appellant and the second deceased, Doraiyan alias Kaiannan, giving them each 5 acres. The deceased expected each of the sons to pay him Rupees 250/- per year for