M.Karpagavinayagam, J.

The appellants are A-1 to A-3. They were tried along with A-1 to A-8 for the offences under Sections 147, 148, 149 and 302 IPC for having committed the murder of one Palanisamy @ Kannan. The appellants (A-1 to A-3) alone were convicted for the offences under Sections 148 and 302 IPC. Other accused were acquitted of the charges. Challenging the said conviction, this appeal has been filed by the appellants, namely A-1 to A-3.

2. Short facts leading to the conviction are as follows:

(a) Deceased Palanisamy @ Kannan was a lottery vendor. He belonged to Bharathiya Janatha Party (BJP). He used to canvass for the party during election period.

(b) P.W.1 Muralidharan is a cut-piece cloth vendor. He used to take cut-piece cloths and sell the same by going to various places in Coimbatore. The deceased is his friend. P.W.2 Raja, another friend of the deceased, is running a 'Pani Poori' Stall at Oppanakkar Street.

(c) All the accused persons are the members of a Muslim organization. On 2.9.1997, the appellants / A-1 to A-3 and three other accused gathered near Masjid colony and talked among themselves about the attack made on some of the Muslims by some Hindus. As