Y. Venkatachalam, J.

This criminal appeal is preferred by the State of Tamil Nadu, represented by learned Additional Public Prosecutor against the order of acquittal of the accused in Sessions Case No.104 of 1985 on the file of learned Additional Sessions Judge Erode.

2. The brief facts of the case are as follows: On 30.5.1984 at about 11.00 p.m., the accused is alleged to have committed the murder of five persons with a deadly weapon one after another on account of a property dispute. The report about the incident was given by a milk vendor at the early hours of the next day, which is a very vital document. The occurrence is alleged to have taken place in front of the house of the deceased Nagamalai Gounder at Kondayankadu in Kondayampalayam village on the fateful day. The accused is the elder brothers son of the deceased Nagamalai Gounder. The deceased Poonathal alias Ramathal is the wife of the deceased Nagamalai Gounder. The deceased Balasubramaniam and Murthi alias Ramakrishnan are the sons of the deceased Nagamalai Gounder and the deceased Selvi alias Anbu Selvi is the daughter of the deceased Nagamalai Gounder. A charge sheet was filed before the Second Class Magi