Janarthanam, J.

Accused 1 to 3, aggrieved by their conviction and sentence in S.C.No.65 of 1985 on the file of Court of Session, Madurai North at Dindigul, came forward with this appeal.

2. The brief facts are:

(a) The scene village Lakshmipuram is situate within the jurisdiction of Veerapandy Police Station Accused 1 to 3 are the residents of the said village. Accused 1 and 2 are brothers. Accused 3 is the son of accused 2. Accused 1 is an ex-serviceman and profitably employed as a driver at Pan-dyan Roadways Corporation of which P.W.12 is the Divisional Manager.

(b) One Bose (since deceased) was noneelse than the brother of P.W.1. Their parents are one Mot-taisami and Karuppayee. P.W.4 is their paternal uncle. The father and sons, though lived separately, cultivated the family lands jointly. The family owned about five kulis of land in S.No.354/ 4 situate two furlongs on the east of the village. P. W.3, a farm servant, lives in a hut put up therein. There is a well in the said survey number. On the west of the well, the lands of accused 1 are situate. The well is a common well, irrigating the lands belonging to the family of the deceased as well as accused 1. Each of t