S. NAGAMUTHU.J.,

The Appellants in Crl.A.(MD) No.87 of 2012 are the Accused 1 and 2 and the Appellants in Crl.A.(MD) No.16 of 2012 are the Accused 3 and 4 in S.C.No.302 of 2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tirunelveli. Totally, there were six accused in the case, including the appellants herein. The Trial Court framed as many as ten (10) charges as detailed below:-

Charge Number Charge(s) Against Accused Charge(s) framed under

Penal provision

1 A1 to A6 120(B) of IPC

2 A1 to A6 148 of IPC

3 A1 and A2 302

4 A3 to A6 302 r/w 149 of IPC

5 A1 307 of IPC

6 A2 to A6 307 r/w 149 of IPC

7 A3 307 of IPC

8 A1, A2 and A4 to A6 307 r/w 149 of IPC

9 A4 302 of IPC

10 A1, A3, A5 and A6 302 r/w 149 of IPC

The accused denied the charges. After full trial, by judgement dated 25.01.2012, the learned Additional Sessions Judge, convicted A1 to A4 alone as detailed below:-

Sl. No. Rank of the Accused who was/were found guilty Convicted under Sentenced to

1 A1 302 of IPC Imprisonment for Life and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for further six months

2 A2 302 of IPC Imprisonment of Life and to pay a fine of Rs. 10,000/- and in default to undergo Rigorous Imprisonment for further six months

3 A3 307 of IPC Rigorous Imprisonment for 3 (Three) years and to pay a fine of Rs. 5,000/- and in default to undergo Rigorous Imprisonment for further 3 (Three) months.

4 A4 304 of IPC Rigorous Imprisonment for 3 (Three) years and to pay a fine of Rs. 5,000/- and in default to undergo Rigorous Imprisonment for further 3 (Three) months.

The learned Additional Sessions Judge by the said judgement acquitted the Appellants from the other charges and acquitted A5 & A6 from all the charges. Challenging the said conviction and sentence recorded as against A1 to A4, they are now before this court with these criminal appeals.

2. The case of the prosecution in brief is as follows:-

Two persons by name Sivakumar (herein after referred to as “D1”) and Mrs.Thilagam (hereinafter referred to as “D2”) died on account of homicidal violence in the occurrence that took place at 08.00 p.m. on 29.11.2008. P.W.1 is the wife of D1 and P.W.2 and P.W.3 are the family members of D1 and D2. They were all residing at Rajapandi Village in Tirunelveli District. All the six accused were also the residents of the same village. A2 is the son-in-law of A1. One Mr.Arumugasamy was the then Panchayat Board President of the said Village. According to the prosecution, a piece of land, comprised in Survey No.21/13 in the same village was in the possession and enjoyment of the deceased Sivakumar (D1) for about 40 years. Mr.Arumugasamy, however, decided to establish a children's park on the said land claiming that D1 had no right whatsoever over the said land. The accused are the supporters of Arumugasamy. D1 and his family members opposed the said move. This has resulted in enmity between the two groups.

2.1. About seven months prior to this occurrence, A5 was brutally attacked by the deceased and his brother Senthilkumar, due to the said enmity. On a complaint made by A5, a case was registered against them and on a final report filed against them, the case was ultimately pending trial before the learned Assistant Sessions Judge at Tenkasi. Subsequently, it is alleged that A1 had attacked Senthilkumar on account of the above said motive. There was a complaint made against A1 by Senthilkumar, upon which also a case was registered. Thus, the two families were inimical towards each other on account of the above incidents.

2.2. It is further alleged that on 26.11.2008 at about 04.00 PM, A1 to A6 had gathered in Chokkanatchi Amman Temple Mandapam and conspired together to do away with D1.

2.3. It is further alleged that in pursuance of the said conspiracy, on 29.11.2008, at about 08.00 p.m. Sivakumar (D1) and his wife (PW1) were standing in a lane near Sandhu Murugan Temple. It is alleged that at that time, all the six accused em