Judgment

P. Venkatarama Reddi, J.—Accused Nos. 1 & 2 in the Sessions case No. 91 of 1998 (on the file of the Additional Sessions Judge, Kanyakumari) are the appellants in this appeal. They were prosecuted along with two others for the murder of one Rajeswaran by setting him on fire on the night of 21st July, 1994 at Palavilai village. The victim was admitted into the Government hospital, Nagercoil with 90 burn injuries and he died in the hospital on 24.7.1994. The appellants and two others were also charged for attempting to murder PW1—the brother of the deceased by stabbing him. The learned Sessions Judge convicted A1 (1st appel­lant herein) for the offences punishable under Section 302 and Section 324 read with 34 IPC. A2 (2nd appellant) was found guilty of the offence punishable under Section 302. In addition, he was also con­victed under Section 324 IPC for causing injury to PW-1. Both of them were therefore sentenced to life imprisonment. A3 and A4 were found guilty under Sections 302 read with Section 34 and Section 324 read with Section 34 IPC. On appeal filed by the accused persons, the High Court of Madras set aside the conviction of accused Nos. 3 & 4 under Section 302 re