JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellants herein were accused Nos.2 and 3 before the learned Trial Judge. They, along with accused No.3, as also the wife of the Appellant No.2 (accused No.4) were tried jointly for alleged commission of murder of one Shanmugam under Section 302 of the Indian Penal Code read with Section 34 thereof. Accused No.1 was acquitted of the said charge. Accused No.4 has been convicted only under Section 324 of the Indian Penal Code. Thus, only Accused Nos. 2 and 3 are before us.

3. The incident took place on 5.7.1994 at about 6.00 p.m.

4. The parties were members of a joint family. A partition took place as regards their residential house. P.W.1-Chinnasamy was given a share of the building on the southern side, whereas accused No.2, Appellant No.1 herein, was allotted share on the northern side. Appellant No.2 was allotted a portion on the eastern side of the house. Allegedly, the portion allotted to P.W.1 was larger in area compared to the portion given to Appellants. Accused No.1 was allotted another ancestral house and some lands towards his share. The house allotted to Accused No.1 was also adjacent to the property allotted to P.W.1 and Appella