JUDGMENT

Thomas, J.-We have pronounced the verdict in this appeal on 29.8.1996 by altering the conviction of the two appellants to the offence under Section 304 part I read with section 34 of the IPC and sentencing them each to rigorous imprisonment for seven years. However, we reserved our reasons thereof and hence we now state the reasons as under:-

2. First appellant (Periasamy) and second appellant (Ramaswamy) were prosecuted along with one Murugesam for offences under Section 302/34 IPC on the allegation that they with common intention to murder deceased Ranganathan attacked him with billhook, spear and lathi at about 9.30 a.m. on 12.6.1989. Sessions Court acquitted all the three accused, but the High Court of Madras, on appeal by the State, set aside the acquittal and convicted the two appellants under Section 302/34 IPC. The other accused Murugesan was, however, convicted only under Section 324 IPC. Appellants have filed this appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate) Jurisdiction Act 1970.

3. Prosecution story, in brief, is the following :-

Periasamy (first appellant) is the son and Murugesan is the nephew of Ramaswamy (second appellant). Ab