JUDGMENT

S.B. SINHA, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 18th January, 2006 passed by a Division Bench of the Madras High Court in Criminal Appeal No.142 of 1997 whereby and whereunder the appeal filed by the appellant against an order of conviction dated 30th January, 1997 passed by the Principal Sessions Judge, Dindigul Anna District, was dismissed.

3. Appellant with Jesu Raj and Arokiyam were proceeded against for commission of an offence under Section 302 of the Indian Penal Code. The first and second accused were charged for commission of an offence punishable under Section 302 of the Indian Penal Code whereas the third accused was charged for commission of an offence under Section 302 of the Indian Penal Code read with Section 34 thereof.

4. Enmity between the parties is admitted. There were instances to show that the accused had been causing various kinds of mischief. The incident in question occurred on 26th November, 1994. Two years prior thereto, accused Nos. 1 and 3 assaulted the deceased and PW-4, Viyakula Mary. Four months thereafter, the appellant (ac