JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. These appeals have been filed by Vijaykumar who is accused no.2. Challenge is to the judgment of the Division Bench of the Madras High Court allowing the Criminal Appeal filed by the State and the Criminal Revision filed by the informant. Two accused persons faced trial for alleged commission of offence punishable under Sections 341, 302, 307 and 302 read with Section 34 IPC. They were acquitted by the trial Court i.e. by learned Sessions Judge, Kanyakumari Division, Nagarcoil. As noted above, the State and the informant questioned the acquittal.

2. Background facts in a nutshell are as follows:

The deceased Johnson is the elder brother of Ravi Kumar (PW.1). The first accused Rasalaiyan and the second accused Vijaya Kumar are cousin brothers. PW.2 Suresh Kumar is the friend of PW.1 Vanaja (PW.3) is residing in a house situated very near to the place of occurrence. All these people belong to same village.

Three years prior to the date of occurrence, Vincent, the elder brother of the accused was selling illicit arrack in a village. On being questioned over the same by Johnson, the deceased, enmity developed between them. Consequently, the said Vince