Mrs.A.Subbulakshmy, J.: The accused/appellants were charged for the offence under Sec.302 read with Sec.34 of the Indian Penal Code on the allegation that on 7.4.1989 at 4.30 a.m. at Elapalayam Bypass Road, Erode, due to previous enmity, the first appellant/A-1 stabbed the deceased Kumarasamy on his head and the second appellant/A-2 Perumal squeezed the testacies of the deceased and caused death to him.

2. The case of the prosecution briefly is as follows:

P.W.2 is the second wife of the deceased Kumarasamy. A-2 is the paternal uncle’s son of the deceased Kumarasamy. A-1 is the son of A-2. There is previous enmity between the family of the deceased and the accused. P.W.2 went to her parents house at Pallipalayam and while she was there, P.W.4 came and informed her that her husband was lying dead on the date of occurrence due to lorry accident.

3. P.W.2 immediately along with her parents came to the scene of occurrence. When she reached the scene of occurrence, she found the police people, there. P.W.2 has turned hostile. On 7.4.1989 at 9.30 a.m., when the village Administrative Officer of Villarammaptti Village was in his office, P.W.2 came to his office and informed him that her husb

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