JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court allowing the appeal filed by the State. Challenge in the appeal was to the correctness of the judgment of learned Sessions Judge, Madurai directing acquittal of the present appellant. He was charged for commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). In fact two persons were tried in the said Sessions Case. Present appellant is the son of A2. By the trial court’s judgment, A2 was also acquitted. Though State had questioned the acquittal of both the accused persons, leave was granted by the High Court only in respect of the present appellant i.e. A1.

2. Background facts in a nutshell are as follows:

PW.1 is residing at Paloothu. The deceased Murugan (hereinafter referred to as the ‘deceased’) is his sister’s son. PW2 is the younger brother of the deceased. The deceased was also residing in the same place. PW1 knows the accused. Al is the son of A2 and they are also residents of the same place. The occurrence had taken place on 15.1.1990 around 5.00 p.m. It was a festival day (the day