ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of the learned single Judge of the Madras High Court setting aside the judgment of acquittal recorded by learned Principal, Assistant Sessions Judge, tirunelveli. The appellant faced trial along with one Velliah for alleged commission of offences punishable under Sections 307 and 307 read with section 109 of the Indian Penal Code, 1860 (in short 'ipc' ). Though the trial Court found that the prosecution has not established the case, in appeal filed by the State it was held by the High court that the prosecution established the accusations against the appellants. But the acquittal so far as the Velliah A3 is concerned, the High Court confirmed the acquittal.

( 2 ) BACKGROUND facts in a nutshell are as follows: sankaralingam (PW-1), Ramaiah (PW-2)and Paramasivam (PW-6) are brothers. They reside at Marugal Kurichi village. Accused 1 to 3 are also residing in the same village. Their house is situated very near to the house of PWs. 1, 2 and 6. Accused 1 and 2 are brothers. On 2. 10. 1989 at about 5. 00 p. m. Kannammal, the mother of PWs. 1 and 2 went to the corner of the street to collect water from the common water pi