JUDGMENT

S. Natarajan, J. -This appeal by special leave has been preferred by accused No.3 in Sessions Case No. 40 of 1978 on the file of the Sessions Judge, Pudukkottal. The prosecution case was that an occurrence took place at about II 45 a.m. on 16.8 1978 in the Big Bazar Street in Aranthangi town in which one Jayaramar was murdered by A-1, PW. 1 Kanuaswamy was attempted to be murdered by A-2 and P.W. 2 Mani was attempted to be murdered by A-3. In respect of these offences, each of the three accused was directly charged for his overt act and constructively charged for the overt acts of the other accused. The Sessions Judge found all the charges proved against A-1, A.2 and A-3 and accordingly convicted them. He imposed a sentence of death on A-1 and a sentence of 8 years R.I. on A-2 and A-3 for the offence of murder of Jayaraman. Insofar as the charges under section 307 as well as under section 307 read with section 34, I.P.C. are concerned, the Sessions Judge awarded varying terms of imprisonment to the three accused.

2. The Sessions Judge made a reference under section 366, Cr. P.C. to the High Court for confirmation of the sentence of death awarded to A-1. All the three accuse