Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellants call in question legality of the judgment rendered by a Division Bench of the Madras High Court affirming their conviction and sentence for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). Seven persons faced trial for allegedly having committed homicidal death of one Vadivel (hereinafter referred to as the ‘deceased’) and causing in­juries on various persons in furtherance of their common intention after forming themselves into an unlawful assembly. It was alleged that they had committed rioting, assaulted some of the witnesses causing injuries in addition to causing death of the deceased. They were charged for commission of offences punishable under Sections 147, 148, 323, 307, 302 read with Section 109, Section 302 read with Sec­tion 149 and 307 read with Section 149 IPC. The trial Court found that in respect of three persons (hereinafter described as A-4, A-6 and A-7) no offence was made out and, therefore, they were acquitted.

3. Two of the accused persons before the Trial Court i.e. A-1 and A-2 were convicted of offence punishable under Section 324 IPC. The pre