JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Appellants call in question legality of the judgment rendered by a Division Bench of the Madras High Court upholding the conviction of the appellants while directing acquittal of the co-accused. Appellants and the co-accused for the sake of convenience are described as A1, A2, A3 and A4. The appellants are A1, A2 and A3 and have been convicted for offence punishable under Section 302 and 341 of the Indian Penal Code, 1860 (in short the IPC). A4 was charged for offence punishable under Section 302 read with Sections 109 and 341 IPC. Each of the appellants was sentenced to undergo imprisonment for life and one month respectively for the aforesaid two offences.

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

“The occurrence is shown to have taken place at about 06.30 a.m. on 18.09.1993, by Al to A4 who wrongfully restraining Gift (hereinafter referred to as deceased) and in course of the same transaction at the instigation of A4, Al to A3 attacked him fatally, resulting in his death. To prove their case the prosecution examined PWs.1 to 15 besides marking Exs.P1 to P.30 and M.Os 1 to 10. A4 is mother of Al to A3. PW-1 i