judgment

C.K. Thakker, J. —

1.Leave granted.

2.The present appeal is filed against judgment and order passed by the High Court of Madras (Madurai Bench) on August 21, 2006 in Criminal Appeal Nos.33 and 36 of 1998 by which it partly confirmed the order of conviction and sentence recorded by I Addl. District Judge-cum-Chief Judicial Magistrate, Tiruchirapalli on December 8, 1997 in Sessions Case No. 8 of 1997.

3.The facts of the case are as under:

4.Seven accused were prosecuted for various offences punishable under Sections 302, 307, 326 and 341 read with Sections 148 and 149 of the Indian Penal Code (IPC). The case of the prosecution was that all the accused and deceased Peiyakaruppan @ Chinnadurai belonged to the same village Santhapuram. Two years prior to the occurrence, deceased Chinnadurai had given evidence in a Court of Law against Veerabathran-accused No.2 and in favour of Maruthairaj-PW2 in a criminal case. In connection with a water dispute, there was a civil case and in that civil dispute also, the deceased had given evidence against the accused party. The parties were also on inimical terms in connection with irrigation of agricultural lands. On May 27, 1995, at about 3.30 p