JANARTHANAM, J.

( 1 ) THE appellant was the accused in S. C. No. 84 of 1986 on the file of the Court of Session, Kanniyakumari Division at Nagercoil.

( 2 ) HE was found guilty under Sections 307 and 302, I. P. C. convicted thereunder and sentenced to rigorous imprisonment for seven years for the offence under Sec. 307, I. P. C. and to imprisonment for life for the offence under Sec. 302, I. P. C. with a direction that the sentences are to run concurrently. Aggrieved by the said conviction and sentence, the present action has been resorted to.

( 3 ) BRIEF facts are: (a) One Kumaran Nadir (P. W. 3) is a resident of Valia Kalavilai at Kulasekaram, within the limits of Kulasekaram Police Station. He got married twice and he was blessed with off springs through both the wives. One Pooyan (since deceased) and another, by name Nagamani, are the sons born through the first wife. The accused Perumal, his brother Velayutham and their sister Panchali are the issue born through the second wife. The members of the family of the first wife, as well as the second wife, had been living separately and their houses are located opposite to each other. PW. 3 is also having his separate res