JUDGMENT :

C.KUMARAPPAN, J.

PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code to set aside the judgment and sentence dated 28.09.2018 imposed in S.C.No.12 of 2009 on the file of Principal District Sessions Judge, Thiruvannamalai.

The instant Criminal Appeal has been filed by the accused 1 to 4, 8 and 9 against the order of conviction passed by the Principal Sessions Judge, Tiruvannamalai in SC.No.12 of 2009 vide order dated 28.09.2018. There were originally 13 accused, out of whom, the 7th accused died during pendency of trial. Hence, the charge against him got abated. In respect of the accused 5, 6, 10 to 13, the Trial Court did not find them guilty and acquitted them. Therefore, the accused, who suffered conviction viz., accused 1 to 4, 8 and 9 have preferred the instant Criminal Appeal.

2 (a). According to the prosecution case, there was a long drawn dispute between the accused and the deceased family in respect of a passage, which leads to the village common graveyard. It appears that the accused's family purchased an extent of 1/2 acre from one