JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court altering the conviction of the appellant from offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) to Section 341 Part I IPC and sentencing him to undergo rigorous imprisonment for seven years.

3. By the common judgment two Criminal Appeals were disposed of. Appeal filed by K. Periyapandian, the co-accused, was allowed and he was acquitted.

4. Background facts in a nutshell are as follows:

PW-1 is the wife of Virupachi Gounder @ Palanichami Gounder (hereinafter referred to as the ‘deceased’) and PWs 3 and 4 are the sons of the deceased. PWs 3 and 4 were living in Virupachi. PW-1 and the deceased were living in Balassamudhram. The deceased was doing money lending business and accused Nos. 1 and 2 were actually working as brokers for commission under the deceased and they were aggrieved that proper commission was not paid to them. The accused complained to P.Ws.3 and 4 about the conduct of the deceased and in turn P.Ws.3 and 4 have informed P.W.1 that their father should take care since both the accused mi