1. This revision is preferred by P.W.1 Tmt. Saroja, Wife of the deceased Gnanasundaram, against the order of acquittal passed by the learned Sessions Judge, Thanjavur on 13. 1991 in S.C. No. 49 of 1990.

2. The summary of the prosecution case is that on 12. 1988, at about 6 p.m., the accused on account of prior enmity hacked the deceased Gnanasundaram with aruval on his right side of the head, on his left side of the head, and on the other parts of the body, and as a result of the same, Gnanasundaram died on the spot.

3. The case was committed by the learned Judicial Magistrate No. I, Tanjore for trial to the Sessions Judge, Tanjore. The Sessions Judge after framing charges against the accused under Section 302 read with 34, conducted the trial of the case. On behalf of the prosecution 1 1 witnesses were examined. Exs.P1 to P17 and M.Os.1 to 36 were marked. Learned Sessions Judge, Tanjore, ultimately held that the charge against the accused has not been made out and acquitted the accused. Hence this revision.

4. The case of the prosecution as testified to by the witnesses is as follows:-

P.W.1 Saroja is the wife of the deceased Gnanasundaram Thevar. P.W.2 Vembayya Thevar is the brother-in-law of the deceased. P.W.3 Ammasi was working as a farm servant under Gnanasundaram Thevar. There has been enmity between the accused and Gnanasundaram Thevar. The 3rd accused was cultivating the lease lands belonging to Perumal Koil on lease. Out of the same, ten cents of the land was cultivated on lease by Gnanasundaram Thevar. The 3rd accused was demanding higher lease amount and as a result there was a dispute between them. Further, the third accused set up some Harijans to file complaint against Gnanasundaram Thevar before the Court. As a counterblast, the deceased also set up some Harijans to file a case against the accused. Chellathurai, the son of the third accused was murdered. A case was filed against Gnanasundaram Thevar and his son-in-law for the murder of Chellathurai. Both of them were acquitted a year before the date of occurrence. On 12. 1988, at about 5 p.m., the deceased Gnanasundaram Thevar along with Ammasi and Tailor Balasubramaniam left his house to fit up the motor for watering the field. Gnanasundaram Thevar promised P.W.2 Vembayya Thevar to provide water for his lands as soon as the motor pump was fixed up. After reaching the field Gnanasundaram Thevar sent the cart back and instructed tailor Balasubramaniam to leave the cart at his house and instruct P.W.1 to get coffee for him from his house. P.W.1 came to the field with coffee at about 6 pm. At that time she saw her husband being chased by the accused with arms (aruval). They chased her husband and cut him with aruval and her husband fell down on the river bridge. When P.W.1 tried to go near and prevent them, the third accused threatened her stating that she will also be killed. When her husband fell down, the 1st accused cut his throat with aruval. Then all the accused ran away with the weapons.

5. P.W.4 was working as Village Administrative Officer in Parakkalaikkottai. P.W.5 Balusamy is his assistant. On 12. 1988, at about 8 pm., P.W.1 accompanied by P.W.2 came to the Office of P.W.4 and reported about the occurrence. As stated by P.W.1, P.W.4 recorded it, and after reading out the same and obtaining her signature in the same. It is P1. Then P.W.2 Vembayya Thevar attested it, and then, he prepared yadasts under Exs.P2 and P3. P.W.5 took the complaint Ex.P1 and the yadasts and went to Adirampattinam Police Station. P.W.6 Kaliaperumal was the Sub-Inspector of Police at Adirampattinam Police Station, and was on duty on 12. 1988 and at about 10 pm, P.W.5 came and handed over Ex.P1 and P2. P.W.6 registered a case in Crime No. 532/88 under Sections 302 and 506 Part II of Indian Penal Code, and prepared Express FIR under Ex.P8. Then he sent the same to the concerned court and superior officers. P.W.10 was the Inspector of Police at Pudukkottai. On 12.