Background facts in a nutshell are as follows According to the prosecution appellant herein along with Shanmugavel A2 and Subbiah A3 the father of A2 caused the death of one Vairamuthu hereinafter referred to as deceased at 2.30 p.m. on 22.4.1986 at Villam village, Tenkasi Taluk.
When PW1 tried to intervene, the third accused beat him with the stick on his right index finger, left thigh and on the back.
The occurrence was witnessed by PW1 and PW2, who are the brothers and PW3 the sister of the deceased as well as accused 1 and 3.
During the panchayat election in 1986, in Ward No.
PW13, the Sub Inspector of Police, Kutralam Police Station recorded the statement of PW1 at 3.30 p.m., which is Ex.
On the fateful day i.e. on 22.4.1986, the deceased was returning from his mango grove at 2.30 p.m. At that time, A1 armed with spike MO1 , A2 armed with aruval MO2 and A3 armed with stick MO3 , came to his house.
Pichai Kannu PW1 and Ramakrishnan PW2 went to Kutralam Police Station and gave the companyplaint.
So saying, the second accused cut the deceased twice on his head.
When A3 attempted to beat PW1 again, he avoided the same by bending and the blow fell on the head of A1 who fell down.
The spike was identified by PW1.
A3 entered into the house and dragged the deceased by holding the shirt and challenged saying yesterday, you beat me, number you beat me.
Primarily relying on the evidence of PWs 1 and 2 the trial Court found the accused guilty.
The second accused questioned the third accused as to why the deceased was number yet killed.
After companypletion of investigation charge sheet was filed.
The first accused had withdrawn himself from companytesting in the election.
Thereafter, A1 tried to pull out the spike MO1 from the neck of the deceased and the spike broke into two pieces.
II, three persons companytested i.e. A1, the deceased Vairamuthu and one Murthi PW4 .
Since the accused persons pleaded innocence, trial was held.
The death was instantaneous.
On 21.4.1986 at 9 p.m. the third accused Subbiah came to the house and questioned the deceased as to how he received money to exercise his right to vote in the President election.
P1 as attested by PW2.
There was exchange of hot words.
The deceased is numbere other than the brother of first and third accused.
The deceased refuted the said charge and also beat A3 who also beat the deceased.
The deceased swooned and fell down.
The deceased was elected as a member of the Ward No.
After two weeks, there was an election for the President of the Panchayat Board.
A3 did number prefer appeal before the High Court and A2 has also number filed any appeal before this Court.
PW 4 and others separated the deceased and A3.
The second accused cut the deceased on his leg with the aruval as stated by PW1.
The accused, the deceased as well as PWs 1 and 2 the brothers of A1 and A3 and the deceased were living as joint family in Palayampattu Street, Vallam village.
Two appeals were preferred before the High Court and the present appeal is related to Criminal appeal number854 of 1989 while other appeal was numbered as Criminal appeal number4 of 1992.
He also prepared the first information report on the basis of which investigation was undertaken.
As numbered above, the accused persons pleaded innocence.
The first accused requested the deceased to withdraw his numberination.
The deceased refused to do so.
The first accused Arumugam and the third accused Subbiah are brothers.
Immediately, A1 stabbed the deceased on his right neck with the spike, which pierced through the neck of the deceased and came out on the left side as stated by PW1.
