JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. This appeal is directed against judgment dated 27th April, 2009, passed by the High Court of Judicature at Madras in Criminal Appeal No.441 of 2007. By the impugned judgment appeal preferred by the appellants- accused nos.1 to 3 has been dismissed and conviction of accused nos.1 to 3 u/s 364 IPC and accused no.1 u/s 302 IPC and accused nos.2 and 3 u/s 302 r/w 34 IPC and the sentence of life imprisonment and fine imposed upon them have been confirmed.

2. The case of the prosecution in a nutshell is as follows: Deceased Mani alias Parai Mani took lease of the land in S.F. No. 427/1 of Vadapudur village belonging to PW3-Krishnasamy and PW6-Ramasamy. Accused No.6-Nagarathinam was the neighbouring land owner. Since Accused No.1- Paramasivam and Accused No.6-Nagarathinam threatened the deceased not to break the stone, deceased Mani alias Parai Mani filed suit in O.S. No. 5/2004 before DMC, Pollachi for Permanent Injunction restraining Accused no.6 and PWs.3 and 6 from interfering with quarrying.

There was animosity between the deceased and the family of Accused no.6-Nagarathinam. About 10 days prior to the date of occurrence, Accused no.1-Paramasiv