MARUTHAMUTHU, J.

The appeal and the revision had been filed against the judgment of the learned Sessions Judge, Kanyakumari District at Nagercoil in Sessions Case No. 32 of 1984 dated 30-8-1985 in acquitting both the accused.

2. There were two accused against whom four charges were being framed, all relating to one and the same transaction that took place on 28-1-1984 at about 9-30 p.m. at Mylode, within the limits of Eranial police station.

The first charge was against A-1 under section 302, IPC on the allegation that he committed the murder of Dasan by stabbing him with a kattari knife.

The second charge was against A-2 under S. 302 read with S. 34, IPC on the allegation that he and A-1 had the common intention of committing the murder of Dasan and that in furtherance of the same, A-1 committed the murder of Dasan.

The third charge was against A-1 under S. 307, IPC on the allegation that he attempted to commit the murder of Verghese by stabbing him with katari knife.

The fourth and the last charge was against A-1 under S. 307 read with S. 109, IPC on the allegation that A-2 committed the offence of abetment to murder by A-1 who stabbed Verghese with a katari knife.

The accused pleaded not guilty to the charges. (Accused-1 and 2 who figure as respondents in the appeal and in the revision may be referred to A-1 and A-2 as arrayed in the Sessions Case).

3. The prosecution case in brief is as follows :

(i) One Savariyar Adimai residing at Mylode had four sons, namely, Rajamani, Verghese alias Anthonimuthu (P.W. 1), Selvaraj (A-1) and the deceased Dasan. The properties (a house and site of 12 1/2 cents with the trees therein) belonging to the family were not divided and they were being possessed and enjoyed by Savariyar Adimai and one of his sons, namely, Rajamani.

(ii) Savariyar Adimai himself was plucking the tamarind fruits from the tree standing in the land and did not give any share to P.W. 1 and the deceased Dasan. P.W. 1 was insisting on his father Savariyar Adimai to give tamarind fruits to the family of P.W. 1 also as he was giving the same to Rajamani and A-1. Since Savariyar Adimai was not inclined to give any share to P.W. 1 and the deceased Dasan in spite of their demands, there was enmity between both sides for about two years prior to the occurrence. On 11-4-1982, at about 6-30 p.m. a quarrel broke out between the deceased Dasan and P.W. 1 on one side and Savariyar Adimai and Rajamani and others on the other over the division of the family properties. During that incident, P.W. 1 was attacked by Savariyar Adimai, Rajamani, his son Kalisthar and wife Marianesam and Vasantha, wife of A-1, with stick, aruval and stone. Thereupon, P.W. 1 proceeded to Eranial police station with the deceased Dasan and gave a complaint to Sasidharan (P.W. 16), Sub-Inspector of Police who registered a case in Crime No. 160 of 1982 under Sections 147, 148, 323, 324 and 336, IPC Ex. P-25 is the copy of the printed first information report in that case. Rajamani, son of Savariyar Adimai, Savariyar Adimai, Kalisthar, Murianesam and Vacantha were accused therein. Charge-sheet was laid in that case on 4-5-1982 after investigation. On 28-1-1984, the case was being tried in the Magistrate's Court at Thuckalay and P.W. 1 and the deceased Dasan gave evidence for the prosecution. A-1, though not an accused in that case, was present in Court and watching the proceedings. Deceased Dasan had gone to Thuckalay where he was running a cloth shop, after he gave evidence. P.W. 1 returned to his house in Mylode.

(iii) When P.W. 1 was proceeding in front of the ration shop of Chelladurai at about 5-00 p.m., A-1 came from the opposite direction and shouted,

P.W. 1 became afraid of and ran into the ration shop of Chelladurai. Ambrose, Chelladurai, Ramalingam and Maria Soosai (P.W. 7) intervened and prevented A-1 from attacking P.W. 1. However, A-1 challenged and threatened that he would see P.W. 1 and went away. Sometime thereafter, P.W. 1 went to th