M.Karpagavinayagam, J.: The appellants (A-1 to A-5) challenging the conviction under Sec.302 of Indian Penal Code, have filed these appeals against the judgment dated 26.12.2000 rendered by the learned Additional Sessions Judge, Villupuram in S.C.No.247 of 2000. 2. The facts leading to the conviction are as follows:

(a) Devendran, A-1 and the deceased Gandhi were friends. Due to many dispute, eight months prior to the date of occurrence, the deceased Gandhi and P.W.5 Mohan attacked A-1 Devendran. A-1 preferred a complaint and on the basis of the complaint, the deceased Gandhi and P.W.5 Mohan were arrested and released on bail. P.W.2, the father of the deceased purchased an auto rickshaw bearing Registration No.PY-01-C-1 167. The same had been used by the deceased.

(b) The occurrence took place on 15.11.1998. At about 10.00 p.m, A-2 Raju alias Samirajan came to the house of P.W.2 and took the deceased in the auto. Thereafter, the deceased was taken to some other place, where A-1 to A-5 strangulated him to death and also caused injury by beating with iron rod. Then, they escaped from the scene.

(c) On 16.11.1998 at about 7.00 a.m., P.W.7 Balakrishnan, Village Munsif came to the spot, no

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