JUDGMENT

Thakker, J.-The present appeal by special leave is directed against the judgment and order dated October 20, 1998 passed by the High Court of Judicature at Madras in Criminal Appeal No. 688 of 1991 confirming the order dated September 30, 1991 of the Principal Sessions Judge, Pondicherry in Sessions Case No. 12 of 1991 convicting accused Nos. 1, 3 and 4 for an offence punishable under Section 304 II read with Section 34 of the Indian Penal Code ("IPC" for short) and directing all of them to undergo rigorous imprisonment for two years.

2. Briefly stated, the prosecution case was that on June 3, 1990 at about 9.50 p.m., after closing the exhibition stall PONTEX, deceased Nadamuni, PW1 Subramanian, PW2 Thangavel, and their co-workers Ramalingam and Mohan were going on their cycles on Pondy-Villianur Road and took a turn in the round tanna at the junction of Cuddalore Road. Just at that time, Saravanan (A3) and Natarajan (A4)-appellants herein-, came on a cycle from Cuddalore Road, that is, from South to North and they dashed against the cycle of Ramalingam (PW1). Saravanan (A3) then abused Ramalingam (PW1) in filthy language. Notwithstanding abuses, PW1, PW2 and the deceased pr