JUDGMENT

Dr. Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madras High Court dismissing the appeal filed by the present appellant and two others. By the impugned judgment the conviction of the appellant and the two others for commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) is maintained. The Trial Court convicted the appellant and the three others and sentenced each to undergo imprisonment for life and to pay a fine of Rs.4,000/- with default stipulation. Only three of them had preferred appeal before the High Court.

3. Prosecution version as unfolded during trial is as follows:

For the sake of convenience, the accused persons-appellants are described as A1, A2 and A3. The other accused is described as A4.

4. Sivaraman (A1) is a resident of Periyairusampalayam village. Mano (A2) and Nagappan (A3) are residents of Ariyankuppam village. Sivaraj (PW-1) and Ganpathy (PW-3) are brothers and they are also residents of Periyairusampalayam. There was quarrel between A1 and PW-1 at the time of festival at Angalamman temple in Periyairusampalayam