(Criminal Appeals against the judgment of the Additional District and Sessions Judge (Fast Track Court No.2), Cuddalore in S.C.No.17 of 2002 dated 24.03.2003.)

Common Judgment:

M. Karpagavinayagam, J.

The appellants in Crl.A.No.638 of 2003 are A1, A2 and A3. A1 has been convicted for the offence under Sections 302 and 324 I.P.C. (2 counts), A2 has been convicted for the offence under Sections 325 and 324 I.P.C. (3 counts) and A3 has been convicted for the offence under Sections 324 and 323 I.P.C. Challenging the above conviction, Crl.A.No.638 of 2003 has been filed. In respect of acquittal of A2 and A3 for the offence under Section 302 r/w 34 I.P.C., the State has filed Crl.A.No.1160 of 2004.

2. The brief facts leading to the filing of these appeals are as follows:

a) The deceased Balan is the brother of P.Ws.1, 2, 3 and 5. P.W.4 is the son of P.W.1. A1, A2 and A3 are brothers. The accused and the deceased are cousins. The land in question originally belonged to A2 and the same was purchased by the father of the deceased. After purchase, the possession was handed over to the deceased. Near the said land, there is a poramboke land, which is in possession of A2. There is a dis