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(a) Uluppadi Parai is a small village in Ambasamudhram Taluk within Kallidaikurichi Police Station. The appellants herein (A-1) and (A-2) and the deceased were all the residents of the same hamlet situated in the aforesaid village. The residents of that hamlet had a nearby place as open air latrine which was situated near a water body.
(b) The deceased Ramaiah, in this case, was the son-in-law of Ramaiah (PW-
1), who also had the same name as that of the deceased. Parvathi-daughter of PW-1, was married to the deceased-Ramaiah. 25 days prior to the incident, when she was staying at the residence of PW-1, the deceased-

Ramaiah solicited the wife of Subbiah (A-2) to have illicit intercourse with him and A-2, after coming to know of such fact, harboured enmity in his heart against the deceased. The deceased was also having previous enmity with Mookkiah (A-1), who was residing in the same village.

(c) On 12.05.1992, at about 5.30 a.m., when the deceased Ramaiah went to the said open air latrine to attend to the calls of the nature, A-1 and A- 2, in furtherance of their common intention to murder Ramaiah, dealt blows on him using aruval (billhooks), thereby killed him on the spot itself and fled away from the scene. However, on the very same day, at about 05:30 hours, when Ramaiah (PW-1), the father-in-law of the deceased, Sudalaimuthu (PW-5) and Shanmugam (PW-4) were returning after pouring water into their field, they heard the cries of Ramaiah, son-in-law of PW-1, shouting “Don’t attack, Don’t attack”. They immediately rushed to the spot and saw that the accused were attacking the deceased-Ramaiah on his head, neck, shoulder and back with their aruval and on seeing them, they fled away. Ramaiah (PW-

11) The complaint Exh. P-1 dated 12.05.1992 was made by Ramaiah (PW-1).

In the complaint, it was stated that as his daughter-Parvathi was pregnant, she was brought to his house for delivery and a female child was born to her 25 days back. After delivery, her daughter stayed in his house with her child and his son-in-law Ramaiah stayed with his parents. It was further stated that on 12.05.1992, in the early morning, about 05.30 hours, when he was returning alongwith Sudalaimuthu and Shanmugam after pouring water to the plantation, at that time, they heard the shouting of his son- in-law “Don’t kill me”. On hearing the same, they rushed towards the spot and noticed that Subbiah (A-2) was having a big aruval (bill hook) in his hand and Mookkiah (A-1) was holding a small aruval and were attacking on the face and back of Ramaiah-the deceased. When all the three went there shouting “Don’t cut, Don’t cut”, at that time, Subbiah (A-2) and Mookkiah (A-1) ran towards eastern direction. They noticed cut injuries on neck, shoulder back and head of his son-in-law and blood was oozing from the cut wounds. They also noticed that he was dead. Thereafter, all the three persons informed Alagamuthu, father of Ramaiah and the Village Headman about the same and later they along with others saw the dead body of Ramaiah. It was further stated that approx. one week before, Subbiah (A-2) met him and warned that his son-in-law Ramaiah called his (Subbiah’s) wife Mukkammal for sex and he threatened that he won’t spare him and as per the say, Subbiah and Mookkiah murdered his son-in-law Ramaiah. Thereafter, he along with Sudalaimuthu, Shanmugam, Kanaka Raj came to Kallidaikurichi P.S. at about 08.00 hours and informed the same which was recorded on 12.05.1992 at 08.06 hours and registered as Crime No. 173/1992 under Section 302 IPC. A perusal of Exh. P-1 complaint discloses the full narration of the incident by PW-1 and the persons accompanied him and motive for murdering the deceased.

1) were cutting the deceased Ramaiah. He further stated that on seeing them the accused ran away from the spot and they found that Ramaiah was done to death. They reported the incident to Nattammai Kanak Raj in the village and, thereafter, went to the P.S. around 08.00 o’clock and Ramaiah (PW-1) gave a statement to the police. In the said statement, viz., Exh. P-

1, he also signed as a witness. He identified his signature in Ex.P-1. He was also present when the police inspected the scene of occurrence and during the course of inquest. In the cross-examination, he reiterated what he had stated in the Chief-Examination.