IMPORTANT POINT
Non-supply of statements recorded u/s 161 (3) Criminal Procedure Code to the accused by itself would not vitiate the trial but in cases where circumstances are such that the court may reasonably infer that prejudice has resulted to the accused, the court will be justified in acquitting the accused.

JUDGMENT

Pratap Singh, J. - Accused 2 and 3 in Sessions Case No. 107195 on the file of Sessions Judge, South Arcot District, Cuddalore, are the appellants. The appellants and Natesan and Pichaikara Gounder, who were arrayed as accused 1 and 4 respectively faced trial before the learned trial Judge. The charges were that (i) on 23.11.84, at about 6.00 P.M. at Nathamedu village, in the garden of Jayaram, accused No.3 with intention to cause the death of Andal, beat her with iron crow-bar on her head on the left and right sides and caused her death and hence liable to be punished under section 302, Indian Penal Code.

(ii) At the same time, place, accused No.2, with intention to cause the death of Jayaraman, beat him on his left hand and stabbed him on his forehead with crow-bar and attempted to commit his murder and hence he is liable to be punished, under section 307, Indian Penal Code.

(iii) At the same time and place accused' No.2 voluntarily caused simple hurt on the left palm of Lakshathipathi with crow-bar and hence liable to be punished under section 324, Indian Penal Code.

(iv) At the same time and place, accused No.1 beat Jayaraman with a firewood stick on his back and caused simple injury and hence liable to be punished under section 323, Indian Penal Code.

(v) At the same time and place while accused No.2 stabbed Jayaraman on the forehead and beat him on his left hand with crow-bar and attempted to murder him and while accused No.1 beat the said Jayaraman on his back with a fIrewood, accused No.4 caught hold of Jayaraman and instigated accused No.2 to murder him and hence he is liable to be punished under section 307, read with 109, Indian Penal Code.

After elaborate trial, the learned Sessions Judge, has found the first appellant (Accused no. 2) Not guilty of offence under section 307- I.P.C. but guilty under section 326 and 334 I.P.C" and has convicted and sentenced him to undergo rigorous imprisonment for 18 months and six months respectively, the sentences to run concurrently. He also found the second appellant (accused No.3) guilty of offence punishable under section 302, I.P.C., and has convicted and sentenced him to uundergo Imprisonment for life. The learned Sessions Judge has found accused 1 and 4 not guilty of the offences with which they were charges and had acquitted them.

2. The prosecution case is briefly as follows:

P.W. 1 Jayaraman and the first accused Natesan are the sons of the for accused Pichaikara Gounder. Accused 2 and 3 are sons of the first accused. They lived in the family house which is situated in North Street, Nathamedu village. The accused are living in the western portion; whereas . P.W. 1 is living in the eastern portion of the said. house. The door way for the eastern portion is facing south. The family owns lands to an extent of 3-1/2 acres. P.W. 1 got married in 1964 and since then he is living separately. The father viz. the fourth accused did not give any land to P.W. 1. despite his demand for the same and on that score. there were disputes. Just about one year prior to the occurrence P.WA gave 70 cents of land to P.W.l for his enjoyment. Deceased Andal was the sister of Dhanam wife of P.W.1. She was staying with P.W. 1 and his family in his portion in the house for about six months prior to the, occurrence.

3. Varadharajan, the elder brother of Dhanam and Andal is living at Ulundhandarkoil. The accused asked Varadharajan to give his daughter Anjalai in marriage to the second accused 10 days prior to the occurrence. Dhanam and. Andal objected to the, proposal and told Varadharajan not to give his daughter in marriage to accused No.2, since there is dispute between the accused and P. W: lover the family lands. On the fateful day. Manonmani wife of Varadharajan had come to P.W. l's House. P.W. 1 went to Kalpattu to purchase lice for household use and returned to the house by about 6.00 P.M. By then Manonmani and Andal were talking loudly about the proposal to give Anjalai in marriage