JUDGMENT

Raveendran, J. — This appeal by special leave is directed against the judgment and order dated 10.2.2000 of the Madras High Court in Criminal Appeal No.571/1989. The appellant and his son Samivel were accused 1 and 2 in Sessions Case No.139/1987 on the file of the Sessions Judge, South Arcot district. The appellant was tried for the offence of murdering his elder brother Rathina Gounder. The appellant and his son Samivel were also charged with the offence of causing hurt to Elumalai (son of the deceased). The trial court vide judgment dated 27.4.1989 convicted the appellant under section 302 IPC, and sentenced him to undergo life imprisonment. The trial court also convicted both the appellant and his son Samivel under section 323 IPC and sentenced them to 3 months rigorous imprisonment. In a separate proceeding, in SC.No.140/1987, Sekar, the juvenile son of the appellant, was also found guilty for causing hurt to Elumalai and was ordered to be detained in a juvenile home for six months.

2. Feeling aggrieved, the appellant and his first son Samivel filed Crl.A. No.571/1989 and Sekar filed a separate appeal in Crl.A. No.629/1989. Both appeals were disposed of by the High Co