JUDGMENT

KHALID, J.:— Palanisamy and Raju, second and third accused respectively in Sessions Case No. 36 of 1981 in the Court of Session of Periyar Division at Erode are the appellants before us. They were tried along with Subramaniam, who was the first accused, for offences punishable under Sections 436 and 302 read with Section 34 of the Indian Penal Code. The learned Sessions Judge convicted all the three accused for the above offences and sentenced them to death for the offence of murder and to rigorous imprisonment for ten years for the offences under Section 436. All the three accused preferred appeals before the High Court of Judicature at Madras, as Cr. Appeals Nos. 89, 90, 91 of 1982. The High Court allowed the appeal filed by the first accused and set aside the conviction and sentence against him while the appeals filed by the second and third accused were dismissed. This appeal, by special leave, is directed against the common Judgment passed by the High Court confirming the conviction and sentence of the appellants.

2. The facts in brief are as follows :

The case involves death of five persons; Muthuswami Gounder, aged about 40 years, his wife Papayi Ammal, aged about 30