JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Bammiyampatti is a small village situated in the District of Salem in the State of Tamil Nadu. Amongst others, it is inhabitated by two communities known as ‘Naidu’ community and ‘Adi Dravida’ community. The fact that there has been longstanding enmity between the members of the said communities is not in dispute.

3. A function was to be organized by Adi Dravida community. Rangasamy, deceased was having a grocery shop. He despite being belonging to the Naidu community, permitted the members of the other community to take electricity from his shop. Having come to learn of the same, the accused persons, originally eight in number, got infuriated. Rangasamy was threatened with dire consequences for his act in supplying electrical energy to the members belonging to the Adi-Dravida community at about 10 p.m. on 29.03.1997. Next morning, i.e., on 30.03.1997, at about 11.30 a.m., the accused persons came to his shop with casuarina sticks, trespassed therein and at the instigation of Accused No. 1 T. Purushothaman Accused No. 3 Murugan and Accused Nos. 6 to 8 caught him whereafter Accused No. 2 Ravi hit the deceased with a casuarina stick on the