N.Dhinakar, J. - (1.)The appellants, two in number, are accused in Sessions Case No. 289/1988 on the file of the II Additional Sessions Judge, Tirunelveli. They were tried before the learned Sessions Judge, Tirunelveli for a charge framed under Section 3021.P.C. read with Section 34, I.P.C. on an allegation that at 10.00 a.m. on 27-1-1987 they, in furtherance of the common intention, caused the death of Arunachala Nadar @ Karuthappandi by cutting him on the neck and shoulder. The learned Sessions Judge sentenced them to imprisonment for life. Hence the appeal.
(2.)In this judgment the appellants 1 and 2 will be referred as A1 and A2 for the sake of convenience.
(3.)The case of the Prosecution can be briefly summarised follows:- P.W. 1 is the wife of the deceased and P.W. 2 is the daughter. P.W. 4 is the neighbour of the deceased. They were residents of Kulaiankarisal. The accused also were residents of the same village. A-1 and A-2 are brothers. A civil dispute was pending for more than five years between the deceased and accused in respect of the land. At about 10.00 a.m. on 27-12-87, P.W. 1 with her daughter P.W. 2 was standing in front of her house and talking. At that time, A-l and A-2 came there and tried to remove the fence erected with dry leaves. The deceased questioned them and A-1 thereafter cut the deceased twice on the left side of the shoulder and A-2 cut him on the right side of the shoulder. When the witnesses interfered, they were also threatened, the accused ran away towards north. The occurrence was witnessed by P.Ws. 1, 2 and 4. Thilagaraj who was passing by that side, stopped the van which was driven by P.W. 14. In the van the injured was placed and removed to the Government Hospital, Tuticorin and produced before the duty doctor, P.W. 7. P.W. 7 examined the injured and found on him the following injuries:- "1 Cut injury 12 cm x 4 cm x 2 cm in lower part, of left side of the neck. 2. Cut injury about 12 cm x 2 cm on upper part of left scapula on oozing out. 3. Cut injury about 5 cm x 2 cm x 4 cm on upper part of right scapula. 4. Cut injury about 5 cm x1cm x 4 cm on left shoulder. 5. Linear abrasion around the back of the neck present".