JUDGMENT

S.B. SINHA, J.

The appellants herein, namely, Ashok Kumar, Sankar and Babu (in Criminal Appeal No. 1533 of 2004) and Selvakumar (in Criminal Appeal No. 1174 of 2005) (A-1, A-3, A-4 and A-2 respectively) along with their father Chakravarti Nayinar (A-5), mother Gunasekariammal (A-7) and uncle Rajan (A-6) stood trial for commission of offences under Sections 147, 148, 341, 447, 302 read with Section 109 read with Section 149 of the Indian Penal Code (IPC), inter alia, for causing death of one Kumararaja.

The accused as also the deceased Kumararaja were residents of Ammeri Village, Taluk Gingee. They had their agricultural lands in the said village. The accused were claiming share of the land belonging to said Kumararaja. They had allegedly been causing disturbances in the possession of the lands belonging to Kumararaja as a result whereof some criminal cases were pending against A-5 and A-6. A-5 and A-6 with a view to attend the said criminal cases left the village at about 6.00 a.m. on 29.10.1993.

They had allegedly instructed the appellants before leaving the village to see that the deceased did not plough the land in question and if despite warning he would do so he sh