The main legal point established in the judgment is that the accused shared a common intention to commit culpable homicide, leading to convictions under Section 304(i) IPC.

P.N. Prakash, J.

1. Five accused who were convicted by the learned Additional District and Sessions Judge, Fast Track Court -III, Vridachalam, in S.C.No.34/2011 on 20.03.2012 and sentenced to undergo life imprisonment and other terms of imprisonment, are the appellants before us.

2. A1 and A2 are the sons of A3 and A5. A4 is the nephew of A3. The deceased Paramasivam is the younger brother of A3 and the two injured witnesses P.W.1 and P.W.2 are the sons of the deceased. Thus it is essentially a dispute between the members of two families. It is the case of the prosecution that there was a land dispute between Dhanapal [A3] and his younger brother Paramasivam [deceased], though they had partitioned their lands some twenty years before.

(a) It is the case of the prosecution that on 20.07.2010, Dhanapal [A3] put up a fence in the land that was common to both parties and annexed it to his property. On the same day evening, Parthiban [P.W.2], son of the deceased Paramasivam removed the fence and threw it away. On 26.07.2010 it is alleged that Sudhakar [A1] the son of Dhanapal [A3], came to the house of the deceased and picked up quarrel with the family members and abused them. On the same day, before dusk, Bagyalakshmi [P.W.3] who is the wife of the deceased and the mother of P.Ws.1 and 2, went in search of their cattle which had gone away for grazing. Since she did not return, Paramasivam [deceased] and his two sons P.Ws.1 and 2, went around 7.00 p.m. to help P.W.3 to collect the cattle and bring them back home. As they were passing through the house of Dhanapal [A3] it is alleged by the prosecution that they were wrongfully restrained by A1 and A2. Then Dhanapal [A3], Sivaprakasam [A4, nephew of A3] and Thamizhselvi [A5; wife of A3] came. Except A5, others were armed with eucalyptus sticks. At that time, Dhanapal [A3] exhorted his sons to beat the victim party and Thamizhselvi [A5] abused them in vulgar language. Then, A1 and A2 started indiscriminately attacking Paramasivam [deceased] and his two sons P.Ws.1 and 2. A3 joined them. A4 hit P.W.1 and also the deceased on two hands. Soon Bagyalakshmi [P.W.3] also came to the spot and saw the occurrence. On account of the attack, Paramasivam fell near the canal that was passing by. Thereafter, the assailants left the place as crowd gathered.

(b) The injured persons, namely Bharathidasan [P.W.1], Parthiban [P.W.2] and the deceased were taken by Sathasivam [P.W.5] to the General Hospital, Neyveli Thermal Plant, where Dr.Naveen [P.W.17] examined them at around 7.50 p.m. Paramasivam was brought dead to the hospital and Dr.Naveen [P.W.17] noted seven injuries on his body which have been noted in the Accident Register, the copy of which was marked as Ex.P24. Dr.Naveen also examined Bharathidasan [P.W.1] and noted one injury on his left shoulder. The copy of the Accident Register relating to Bharathidasan [P.W.1] is Ex.P22. Dr.Naveen [P.W.17] examined Parthiban [P.W.2] and noted three injuries on his body and the same have been referred to in the Accident Register, the copy of which is Ex.P23. The injury sustained by P.Ws.1 and 2 were simple in nature as opined by Dr.Naveen [P.W.17].

(c) On receipt of information from the hospital, Asai Thambi, [P.W.24], the Sub Inspector of Police, Neyveli Thermal, went to the General Hospital and recorded the statement of Bharathidasan [P.W.1] which was treated as a complaint in this case and was marked as Ex.P1. The Sub Inspector of Police [P.W.24] registered a case at 21.15 hours on 26.07.2010 in Neyveli Thermal Police Station Cr.No.359/2010 under Sections 147, 341, 294, 323, 302 and 506(ii) IPC against the five accused above named. The complaint and a copy of the printed FIR was sent to the learned Judicial Magistrate, who received the same at 22.40 hours on 26.07.2010, as could be seen from his endorsement thereon.

(d) The investigation was taken over by Subbarayulu [P.W.25], the Inspector of Police, Neyveli Thermal, who went to the scene of o