Judgment

KULDIP SINGH, JJ.

( 1 ) PARUSURAMAN alias Valladurai, Karuppaiah, Nagasundaram and four others (hereinafter referred to as A1 to A7) were tried for the murder of one Jawahar. Three charges were framed against them. A7 was charged under S. 302 read with, S. 109, Indian Penal Code for instigating Al to 6 to commit the murder. The second charge related to rioting wherein A 1, A2, A4, A5 and A3, A6 were tried under Ss. 147 and 148, Indian Penal Code respectively. The third charge under S. 302 read with S. 149, Indian Penal Code was against Al to A6 on the allegations that A 1, A2, A4 and A5 armed with sticks, A3 armed with aruval " (bill-hook) and A6 armed with vel-stick (spear-stick); attacked Jawahar at about 8. 30 a. m. on 28/01/1977 and caused him multiple injuries as a result of which he died on the same day. All the accused persons were acquitted by the learned Trial Judge. On appeal the High Court maintained the acquittal of A4 to A7 but reversed the findings in respect of A1 to A3. Believing the prosecution evidence, the High Court came to the conclusion that the commision of offence by Al to A3 was proved. They were convicted under S. 304 Part I read wiht S. 34, Indian