(Criminal Appeal preferred against the judgment passed by the learned Principal District and Sessions Judge, Coimbatore in S.C.No:349 of 1999, dated 21.12.1999.)

This Criminal Appeal is directed against the conviction of the appellants-accused A.1 and A.2 under Section 304(ii) IPC and sentence imposed to undergo rigorous imprisonment for 5 years.

2. The brief facts of the case are as follows:-

(a) P.W.1 is the brother of the deceased Rangasamy. The deceased is also uncle of P.W.2 and Cousin of P.W.3. The occurrence took place on 18.4.1998 at 11.00 p.m., About four days prior to the occurrence, A.1's sister's grand daughter by name Baby, a minor girl is said to have been kidnapped by one Chockalingam. The family members of the said minor girl Baby suspected that the deceased engineered the elopement or abduction. On 18.4.1998 there was some Pooja in Devampadivalasu Makaliamman temple in which P.W.1, the deceased, P.W.2 and one Sandhu, Venkatachalapathy participated and they were returning after the Pooja was over. The deceased was walking 40 feet in front of P.W.1 and others. When they were nearing Muthalamman Temple, A.1 armed with Vasi (a weapon used to separate the coc