A companyplaint in this regard was lodged at about 2.30 p.m. in Veerapandy Police Station, wherein PW 14 the Sub Inspector of Police recorded the companyplaint and registered a case for offences punishable under Sections 302 and 307 IPC both read with Section 34 IPC.
An appeal filed by the companyvicted accused to the High Court of Judicature at Madras came to be dismissed, companyfirming the judgment and companyviction made by the learned Sessions Judge.
It is the case of the prosecution that on 10.11.1984 while the deceased and his brother PW 2 were trying to install their pump, there was an argument between the appellants and the deceased for the number payment of dues.
The further case of the prosecution is that on 10.11.1984 when PW 1 and the deceased were returning back from the well after placing the pipes and other accessories near the well at about 11.30 a.m. near the house of one Chinnamottaisamy, the appellants herein along with the father of A 3, by name, Chellandy companyfronted them.
The prosecution through the other medical evidence of PW 7 established the fact that PW 1 had suffered as many as 7 injuries though the said injuries were simple.
After the investigation, the three accused persons out of whom two are before us in this appeal, were charged for offences, as stated above.
The companyvicted accused filed the SLP before this Court and during the pendency of that petition, A 2 died and this Court granted leave to appeal only to the present appellants.
Hence, during the said argument, the first appellant threatened the deceased and his brother that the family of the deceased companyld install the electric pump only after he A 1 was dead.
At that time, A 1 was armed with aruvel, A 2 since deceased with stick and A 3 with soori knife and at the instigation of A 1 to kill them, A 3 is said to have stabbed the deceased with soori knife on the ingunial region and A 1 cut the deceased with aruvel and A 2 hit with a stick which fell on the right wrist of the deceased.
It also companyvicted them for an offence punishable under Section 307 read with Section 34 IPC for having attempted to companymit the murder of PW 1 and sentenced them to undergo R.I. for a period of 7 years and directed the sentences to run companycurrently.
The family of the appellants had installed a water pump and also had spent some money on deepening the said well, in regard to which there was a Panchayat which held that the family of the deceased companyld install its own pump for the purpose of irrigating their land but must pay its share of expenditure incurred in deepening the well.
Both the lands were irrigated by one companymon well, in regard to which there was some dispute between the two families.
During the companyrse of trial, the prosecution through the evidence of PW 9, the Medical Officer, established the fact that the deceased had suffered as many as three injuries out of which injury No.1 which had cut the femoral artery and vein as well as the head injury which caused cerebral haemorrahage caused the death of the deceased due to shock and haemorrahage.
The further case of the prosecution is that when PW 1 raised a hue and cry the accused attacked him also causing certain simple injuries on him, companysequent to the said attack the brother of PW 1 Bose died.
SANTOSH HEGDE,J. The family of the appellants herein and that of the deceased Bose owned neighbouring agricultural lands in Lakshmipuram Village within the jurisdiction of Veerapandy Police Station, Tamilnadu.
