JUDGMENT

A. K. Patnaik, J.:-These are appeals against the judgment dated 06.09.2007 of the Division Bench of the Madras High Court in Criminal Appeal Nos.641, 551 and 552 of 2006.

FACTS

2. The facts very briefly are that on 25.01.2004 at 22:45 hours, Dhanaprabhu (hereafter referred to as the ‘informant’) lodged a First Information Report in Police Station K.4, Anna Nagar. In this First Information Report, the informant stated: his father and he had been running a plastic company in the name of ‘Economic Plastic Industries’ and his younger brother, Ravi, is also in the said business. There was previous enmity between Ravi and one Elumalai and on 25.01.2004 at around 5.30 p.m. Elumalai telephoned to the wife of Ravi, Vijayalakshmi, and threatened her saying ‘Ask your husband to behave or else, things will be different’ and Vijayalakshmi informed this to her husband Ravi. On the same day, at around 10.00 p.m., the informant, Ravi and his friend Gubendiran were on their way to Naduvankarai Pillaiyar Kovil Street, through the Naduvankarai Bridge. While crossing the Seema Matriculation School at around 10.15 in the night, they saw Elumalai, and Ravi asked Elumalai as to why he telephoned to his wife and threatened her, and at once Elumalai and Prakash retaliated and took out knives from their hips and hacked Ravi on his head. Ravi’s head got cut and smashed and Ravi fell down in a pool of blood. Gubendiran, who attempted to prevent the attack, was hacked by Prakash with a knife and this was intercepted by Gubendiran with his left hand and Gubendiran started bleeding. Thereafter, Babu, Senthil and Nagaraj, who were with Elumalai, hacked on the head of Ravi with their knives and all of them ran away with their knives towards the East and Ravi died on the spot. Pursuant to the FIR, a case was registered under Sections 147, 148, 341, 324 and 302 of the Indian Penal Code, 1860 (for short ‘the IPC’). After investigation, a charge-sheet was filed against Elumalai (A-1), Prakash (A-2), Babu (A-3), Senthil (A-4), Nagaraj (A-5) and Udaya (A-6).

3. At the trial, the informant was examined as PW-1. Gubendiran, who accompanied Ravi on 25.01.2004 to the place of occurrence and witnessed the occurrence and got injured, was examined as PW-2. Nagarajan, who had gone in search of Ravi on 25.01.2004 at about 10 O’ clock in the night and come to the place of occurrence, was examined as PW-3. On the basis of the evidence of PW-1, PW-2 and PW-3 as well as other witnesses, the trial court convicted A-1, A- 2, A-3 and A-4 under Sections 148 and 324 IPC read with Section 149 IPC and Section 302 IPC read with Section 149 IPC and also convicted A-6 under Sections 147 and 324 IPC read with Section 149 IPC and Section 302 IPC. The trial court, however, acquitted A-5 of all the charges. Aggrieved, the appellants filed Criminal Appeal Nos. 509, 641, 551 and 552 of 2006 before the High Court and by the impugned judgment, the High Court acquitted A-6 (the appellant in Criminal Appeal No. 509 of 2006), but maintained the convictions of A-1, A-2, A-3 and A-4. Aggrieved, A-1, A-2, A-3 and A-4 have filed these criminal appeals.

CONTENTIONS ON BEHALF OF THE PARTIES

4. Mr. P.R. Kovilan Poonakunpran, learned counsel appearing for A-3 and A-4, the appellants in Criminal Appeal No. 353 of 2008, and Mrs. Anjani Aiyagari, learned counsel appearing for A-1 and A-2, the appellants in Criminal Appeal Nos. 358-359 of 2008, submitted that originally eight accused persons were charged for the offence under Section 302 read with 149 of the IPC, but two of these accused persons were juveniles and were proceeded against under the Juvenile Justice (Care and Protection of Children) Act, 2000, and out of the remaining five accused persons, the trial court acquitted A-5 and the High Court acquitted A-6 and there remain only four accused persons (A-1 to A-4) who have been convicted under Section 302/149 of the IPC. They submitted that for a conviction under Section 302 of the IPC with th