JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in these appeals is to the judgment of the Division Bench of the Madras High Court dismissing the appeal field by the appellants who were convicted for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The 8th accused was acquitted of the charges under Sections 148 and 302 IPC. Of the seven accused persons who were convicted by the VII Additional Sessions Judge, two separate appeals were filed.

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

PW-1 who is Murugammal the mother of the Prabha (hereinafter referred to as the ‘deceased’) has stated that her second son Babu had already been murdered by the accused in this case namely Ali, Cheyya Babu, Udattumani, Muthukumar, Jayaraman, Karikadi Moideen and others and that on 8.3.2001 at 11.00 P.M in the night all the aforesaid accused armed with knife came to her house and with the intention to murder her son Prabha, threatened him and that later on 9.3.2001 at 5.30 a.m. in the morning all the accused in this case armed with knives came to her house and that on seeing them she sent away her son Prabha from the house and that th