PRAFULLA C.PANT, J. - (1.) This appeal is directed against judgment and order dated 18.06.2009 passed by High Court of judicature at Madras in Criminal Appeal No. 618 of 2007, whereby conviction and sentence recorded by Additional Sessions Judge, Erode, qua appellant Muttaicose @ Subramani in respect of offence punishable under Section 302 I.P.C., is affirmed.
(2.) We have learned counsel for the parties and perused the papers on record.
(3.) Prosecution story, in brief, is that PW-1 Sundaramurthy (informant) is son of PW-2 Chidambaram and PW-3 Smt. Papathi. PW-4 Yuvaraj and PW-12 Ramasamy are also related to the informant. They all belong to village Elavanatham. Accused Gurusamy (A-1) and PW-2 owned landed property adjacent to each other. There was a ridge between their land. Dispute arose between them over planting of coconut trees on the common ridge by both sides. On 26.03.2004, at about 9.30 a.m. appellant (A-2) along with some other co-accused came to the house of the informant and insisted on holding a Panchayat to settle the dispute to which the informant told that Panchayat could be held at some common place, not in his house. On this at about 4.30 p.m. on that day A-2 armed with 'aruval' (sickle) along with other accused, who were also armed with deadly weapons, like stick, iron rod, crowbar etc., came and on instigation of A-1 they assaulted PW-1, PW-2, PW-3, PW-4, PW-7 and Natrajan (deceased). A-2 (appellant) said to have assaulted with a sickle twice on the head of the deceased Natrajan after chasing him. Natrajan (deceased) was the person who had simply attempted to intervene between the two fighting groups. Other accused assaulted PW-1 to PW-4 and PW-7. When the crowd gathered on commotion, the accused fled away. PW-11 Eswaramurthy took all the injured to hospital but Natrajan had died. Rest of the injured (PW-1 to PW-4 and PW-7) were referred from Government Hospital, Erode to Lotus Hospital at about 9.00 p.m. On information from the hospital, Sub-Inspector (PW-27) came and recorded statement of PW-1, and registered Crime No. 42 of 2004 in respect of offences punishable under Sections 147, 148, 447, 448, 452, 427, 324, 307 and 302 I.P.C.;