M. Karpagavinayagam, J.

The appellants/A-1 to A-6 were convicted for the offences under Sections 148 and 302 read with 34 IPC and each sentenced to undergo three years rigorous imprisonment and life imprisonment respectively, for having attacked the deceased Sukumaran on his head, resulting in his death. In addition to this, A-5 was convicted for the offence under Section 324 IPC and sentenced to undergo three years rigorous imprisonment, for having caused injury on P.W.1 Baskar. These convictions and sentences are the subject matter of challenge before this Court in this appeal filed by all the accused, namely A-1 to A-6.

2. Short facts leading to the conviction could be summarised as follows:

(a) The deceased Sukumaran was carrying on money lending business. P.W.1 Baskar is his younger brother, doing work as Painter in a paint company. A-1 and A-6 are brothers and other accused are their associates.

(b) After finishing his work of collecting money from various persons, the deceased Sukumaran was returning home along with his brother P.W.1 Baskar on 17.3.1993 at about 10.30 p.m. While they were walking near Muniandi Vilas (an Hotel), A-1 to A-6, with deadly weapons, suddenly appeared at the scene.

(c) A-5 Shankar instigated the other accused to attack the deceased Sukumaran, as he was the informant to the Police complaining against the accused. Then, all the accused began to attack the deceased in the presence of P.W.1 Baskar. A-5 Shankar cut the deceased with a knife and caused injury on his left hand. A-1 Damu @ Damodaran caused injury again on the left hand of the deceased. Thereafter, all the accused gave indiscriminate cuts on the head of the deceased, due to which, the deceased fell down. Then, all the accused gave cut on the leg of the deceased.

(d) P.W.1 Baskar cried aloud asking the accused as to why they attacked his brother, the deceased. A-5 Shankar attacked P.W.1 with the knife, causing injury on his head. P.W.2 Kumari, the wife of the deceased, was coming on the way in search of her husband, who did not turn up in time. P.W.2 also witnessed the occurrence. Then, when P.Ws.1 and 2 cried aloud, all the accused ran away from the scene of occurrence.

(e) When the deceased was gasping for life, P.W.1 took the deceased in an auto and brought him to the hospital. On 17.3.1993 at about 11.15 p.m., P.W.6 Dr.Muniappan admitted the deceased and declared him dead. Then, he sent Ex.P-9 death intimation to the Police. He treated P.W.1 Baskar at about 11.15 p.m. Ex.P-10 is the accident register relating to the injuries caused on P.W.1.

(f) On receipt of the message, P.W.14 Inspector of Police went to the hospital and recorded Ex.P-1 statement from P.W.1. Then, a case was registered against all the accused for the offences under Sections 147, 148, 341, 324 and 302 IPC. After arranging for sending the F.I.R. copy and the complaint to the Court, he went to the scene of occurrence.

(g) On 17.3.1993 mid-night, at about 1.00 a.m., P.W.14 Inspector of Police visited the spot and prepared observation mahazar and drew rough sketch. He also observed all the other formalities. Then, he conducted inquest. During the course of inquest, P.Ws.1 and 2 and other witnesses were examined. Thereafter, he arranged for sending the dead body for post-mortem.

(h) On 18.3.1993, P.W.7 Dr.Thaheera Begum commenced post-mortem and found 20 injuries on the body of the deceased. She gave her opinion in Ex.P-12 post-mortem certificate that the deceased would appear to have died of shock and haemorrhage due to the multiple extensive incised wounds on the head.

(i) On 19.3.1993, A-1 to A-3 surrendered before the Court. After police custody, the knives were recovered from them. On 29.3.1993, A-6 surrendered before the Court. The Police custody was obtained and on the confession of A-6, one more knife was recovered. On 5.4.1993, P.W.14 Inspector of Police arrested A-4 and A-5 and on their confession, the other knives were recovered. Thus, M.Os.4 to 9, the k