The central legal point established in the judgment is the reliance on the credibility of the eyewitness testimony and the impact of discrepancies and suspicious circumstances on the court's decision.

M.KARPAGAVINAYAGAM, J.

The appellants are the accused 1 to 4 in S.C.No.468 of 1997 on the file of the I Additional Sessions Judge, Tirunelveli. In and by a judgment dated 28-10-1999 in the aforesaid sessions case, accused 1 to 3 were convicted for the offences under Sections 120-B, 302 read with 34 and 323 I.P.C. and the fourth accused was convicted for the offences under Sections 120-B, 302 read with 34, 323 read with 34 and 364 I.P.C. and they were sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- each, in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the above appeal has been filed by all the accused.

2.The case of the prosecution in brief is as follows:

"(a) The deceased Chokku @ Muniyandi had given a loan of Rs.1000/- to the first accused. When the deceased demanded for repayment of the said loan amount, the first accused refused to make the payment. Therefore, quarrel ensued between them and in that process, the deceased beat the first accused. On being beaten, the first accused warned the deceased that he would take revenge. In order to accomplish the task of revenge on the deceased, the first accused hatched a conspiracy with the accused 2 and 3, his brothers, and fourth accused, his friend, to put an end to the life of the deceased. In pursuance of the conspiracy, accused 1 to 3 asked the fourth accused to go and bring the deceased to the forest area on the pretext of hunting Monitor Lizard (cLk;g[).

(b) Accordingly on 31.03.1997 at about 8.00 A.M. the fourth accused Seeni asked the deceased to come along with him for hunting in the reserve forest. At that time, P.W.1-Thangam, the cousin of the deceased, was also present. At the request of the deceased, P.W.1 also accompanied the deceased and the fourth accused to the reserve forest for hunting. They took their dogs also with them. When they were nearing the river-bed they wanted to take their food carried with them in Tiffin carriers (Thookku Satties). Therefore, they took rest on a rock in the forest area and had taken food. After finishing their food (breakfast), they were talking with each other.

(c) At that point of time, the accused 1 to 3 suddenly appeared in the scene. The first accused abused the deceased and cut with an aruval on the front and right side of the neck of the deceased. The second accused cut the deceased with aruval on the left side of his neck. The third accused cut the deceased with aruval on the centre of his head. On receipt of the injuries, the deceased fell down on the spot.

(d) On seeing the occurrence, P.W.1, who was standing behind the accused, was crying. At that juncture, the fourth accused directed the other accused to attack P.W.1-Thangam. When the accused came near and threw stones on P.W.1, he began to run from the scene of occurrence. However, P.W.1 managed and escaped from the scene of occurrence and came to the field, where P.W.2-Pethammal, sister of the deceased and other persons were working. He informed about the incident to them. Thereafter, all of them went to the scene of occurrence and found the deceased lying dead. Thereafter, the body of the deceased was brought in a cradle by P.W.2 to the village and kept in the field at about 10.30 A.M.

(e) P.W.1 went to Sivagiri Police Station and gave a complaint Ex.P.1. P.W.11, Head Constable, who was present in the Station, received the complaint and registered a case against the accused under Sections 302 and 336B I.P.C. First Information Report is Ex.P.17.

(f) P.W.15 Inspector of Police, on receipt of a copy of the F.I.R. rushed to the scene of occurrence and reached the spot at about 4.00 P.M. on 31-07-1997. He prepared observation mahazar Ex.P2 and rough sketch Ex.P.21.He recovered M.O.2 blood stained earth, M.O.6 sample earth, M.O.5 match box, M.O.3 Citizen watch, M.O.4 bundle with three beedies and M.O.13 garlic pickle cover under Ex.P.3 mahazar in the presence of the attesting witnesses. At