(This Criminal Appeal is filed under Section 374 of Criminal Procedure Code against the judgment of conviction dated 30.4.1999 and made in S.C.No.172 of 1995 on the file of the Principal Sessions Court, Salem.)

This is an appeal filed by the appellants/A1 to A3 challenging the conviction and sentence passed by the learned Principal Sessions Judge, Salem District made in S.C.No.172 of 1999 dated 30.4.1999, convicting the accused 1 to 3 for the offence punishable under section 304 Part-II read with 34 IPC and sentencing them to undergo 4 years rigorous imprisonment.

2. The brief facts that led to the filing of this appeal are as follows:-

“(a) A1 is the father and A2 and A3 are the sons of A1. P.W.1 is the wife of the deceased Subramani. Both the deceased and the accused were residing in the same village of Ayilpatti. The first accused borrowed a loan of Rs.1,000/- from the father of the deceased and he has not repaid. Hence, there was an enmity between the deceased and the first accused, who is the trustee of the Mariamman Koil. The first accused without collecting money from the deceased and also expelling him, constructed the Mariamman temple with the help of other memb