Judgment :-

P. Sathasivam, J.

1) This appeal has been preferred against the final judgment and order dated 25.01.2007 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No. 1137 of 1998 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of appellants herein dated 24.08.1998 passed by the IInd Additional Sessions Court, Tirunelveli in Sessions Case No. 264 of 1996. 2) The facts and circumstances giving rise to this appeal are as under:

(a) Uluppadi Parai is a small village in Ambasamudhram Taluk within Kallidaikurichi Police Station. The appellants herein (A-1) and (A-2) and the deceased were all the residents of the same hamlet situated in the aforesaid village. The residents of that hamlet had a nearby place as open air latrine which was situated near a water body.

(b) The deceased Ramaiah, in this case, was the son-in-law of Ramaiah (PW-1), who also had the same name as that of the deceased. Parvathi-daughter of PW-1, was married to the deceased-Ramaiah. 25 days prior to the incident, when she was staying at the residence of PW-1, the deceased-Ramaiah solicited the wife of Subbiah (A-2) to have