1 to 5 went to harvest the second crop raised by P.W. 3, the appellant and others came and at tacked the persons who were harvest ing the crop which resulted in the death of one Velayudhan.
The prosecution case was that on 5 1 70 when P. Ws.
1, to 5 and when P. Ws.
The wife of P.W. 10.
Both the Courts below examined the question of the possession of the land at great length and came to the companyclusion that P.W. 3 was in possession of land and had cultivated the crop and that the appellants party were the aggressOrs.
Hussain Khan, had some lands which the appellant and his father had been cultivating for some years.
It was alleged that the appellant and his father voluntarily surrendered the land on 16 2 69 and on the same day a lease was executed in favour of P.W. 3.
They fell into arrears in respect of the lease amount due to the landlady.
Alagiriswami, J. This is an appeal by special leave against the judgment of the High Court of Madras companyfirming the sentence of death passed on the appellant.
1 5 tried to harvest the crop and the appellant and others objected to it these prosecution witnesses joined together and beat up the appellant and others.
The companytention on behalf of the appellant and others was that they had never sur rendered the possession of the land, that they had themselves raised the crop and the landlord was trying to evict them with the help of P. Ws.
