S.RAJESWARAN, P.N.PRAKASH
D. Sudhakar – Appellant
Versus
State of Tamil Nadu – Respondent
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.
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