M.Karpagavinayagam, J.

The Appellants are A1 to A4. A1 has filed Appeal in C.A.No.406 of 2001 and A2 to A4 have filed separate appeal in C.A.No.128 of 2001. A1 to A4 were convicted for the offences under Sections 302 read with 34 and 307 read with 34 IPC and for the offence under Section 302 read with 34 IPC. They were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/= each for the offence under Section 302 read with 34 IPC and for the offence under Section 307 read with 34 IPC, they were sentenced to undergo five years R.I.and to pay a fine of Rs.1,000/= each.

2. The factual matrix in brief is as follows:-

"(a) The deceased Ganesan is the elder brother of P.W.1 Kulasekara Pandian. Accused 1 to 4 are brothers. Both parties were residing in the same village by name Anumanthapatti. There was a longstanding dispute between the accused party and the deceased party regarding the pathway which is situate in front of the house of P.W.1. From the year 1979, there were frequent quarrels between them. Resultantly, the criminal cases were filed against each party and the same were pending in the Judicial Magistrate Court, Uthamapalayam. P.W.3 Aruna is the wife