R. Banumathi, J.

1. This appeal arises out of the Judgment in S.C.No.11/2002 convicting the first appellant/first accused U/s.302 IPC and second appellant/second accused U/s.302 r/w.109 IPC and sentencing them to undergo life imprisonment and to pay fine of Rs.1000/- each.

2. Briefly stated case of prosecution is that A1 and A2 are close associates and doing business of preparing wash and selling to sellers of illicit arrack. Deceased Yesubalan is distiller of illicit arrack and owed a sum of Rs.500/-to A1 and A2 towards purchase of wash. On the morning of 5. 2001, A1 and A2 demanded money from the deceased. Deceased Yesubalan told them that he has stopped distillation of illicit arrack and requested time for paying the amount which resulted in wordy quarrel. PW1-Prakasam and PW2-John (wife and brother of the deceased) asked deceased to give back money to the accused. On 05. 2001, deceased took meal at about 8.00 P.M. and left for shop and did not return back. Later deceased was found dead with bleeding injuries in the field of Chinnalagan.

3. Case of the prosecution is that on the night of 5. 2001, due to enmity A1 [Philip @ Johnwilliam] assaulted deceased with stone on hi