JUDGMENT

A.R. Lakshmanan, J. - This is an appeal against conviction and sentence imposed on the appellants by the Principal Sessions Judge, Coimbatore, in S.C No. 111 of 1985 on 28.11.1986. Learned Sessions Judge found the first appellant guilty of murder under Section 302 I.P.C, and sentenced him to imprisonment for life. He also found the second accused guilty of offence under Section 323 I. pc., and sentenced him to pay a fine of Rs. 500/- and in default to undergo Rigorous Imprisonment for a period of one month.

2. The facts leading to the above Sessions Case are as follows:

Both the accused as well as the deceased are living in the village of Samanapudur and they are agriculturists mostly attending a coolie work. Witnesses PWs 1 to 3 are related to the deceased. The deceased was cultivating the lands belonging to one Muthu Gounder. The house of the accused is very close to the house of the deceased situated on the south-western side. Second accused is the elder brother of the first accused. The wife of the accused by name Kannammal was suspected to be carrying on illicit relationship with the deceased. About 15 days prior to the occurrence which event took place on 5.5.1986, the deceased and the first accused were engaged in a wordy quarrel over the said issue of illicit relationship between the deceased and the wife of the first accused. On the morning of 5:5.1986, the deceased had met the wife of the first accused at about 8.00 a.m. and thereafter the deceased, proceeded to Toddy Shop at Narasapuram. The first accused was in the Toddy shop and had picked up a quarrel with the deceased. P.W. 4 was working in the Toddy shop. The first accused is said to have picked up a quarrel with the deceased and at the instance of P.W. 4, they were pacified. The deceased came back to his house and told his daughter, P.W. 1 that he had a quarrel with the first accused at the Toddy shop. Soon thereafter, the first accused came to the house of the deceased with a curved knife called 'Sallai Kathi', M.O. 1 and shouted at the deceased, saying "you are continuing to communicate with my wife and when questioned you become wild with anger. I will do away with you". So saying the first accused hit the head of the deceased with the weapon, M.O. 1. The second accused came with a stick M.O. 2 and struck at the left shoulder of the deceased.

The deceased took a stick M. O. 3 from Panda I and struck at the first accused P.W. 1 is also said to have taken a stick from the Pandal and struck at the second accused. The first accused thereupon pecked the cheek of the deceased with M.O. 1. He again struck on the left neck on the deceased. Thereupon the deceased fell down with injuries. Both the accused ran away, P.W. 1 shouted and on hearing her shouts, r.ws. 2, 3 and other came to her spot. They laid the deceased on a mat, M.O. 5. Before they could bring a cart to take the deceased to the hospital, the deceased passed away. P.W. 1 and her grand-father P.W. 2 proceeded to Maniyakarar of Narasapuram, but he was not available. They proceeded to Alandurai Police Station and told the Sub Inspector as to what happened. He recorded as statement from P. W. 1 and after reading over the same to P.W. 1 took her thumb impression. It is Ex. P1. P.W. 9 was the Sub Inspector of Police at Alandurai Police Station. He was in attendance at about 4.30 p.m. on 5.5.1986 when P.Ws. 1 and 2 came to the Police Station and P.W. 1 narrated as to what happened. He recorded the statement Ex. P-1 and registered the same as Crime No. 54/86 under Section 302 I.P.C. He sent express F.I.Rs. to the Second Class Magistrate No. 11, Coimbatore and to the higher officials. P.W. 11 was the Sub Inspector of Police, in charge Pondanur Circle. He received information at 5.30 p.m. and took up investigation. He proceeded to the spot and prepared the observation mahazar, Ex. P-12 and a rough sketch, Ex. P - 13. He recovered blood stained sticks M.Os. 3 and 4 and mat, M.O. 5, blood stained earth, M.