Ms. R. BANUMATHI, J.

These Referred Trial and Appeals arise out of the judgment of the Principal Sessions Judge, Tirunelveli in S.C. No. 62 of 2006 dated 16.4.2008 convicting Accused No. 2 and 3 under Sections 302 and 302 read with 34 IPC and sentencing them to death. Accused No. 1 was convicted under Section 25(1B)(a) of Arms Act and sentencing him to undergo 3 years RI and also imposing fine. Accused No. 4 to 9 were acquitted of the respective charges. C.A. No. 270 of 2008 is preferred by the State challenging acquittal of Accused No. 4 to 9.

2. Conviction/Acquittal of the Accused No. 4 to 9 is as under:

3. Confirmation of death sentence as contemplated under Section 366(1) Cr.P.C. is the subject matter in R.T. No. 2 of 2008. Challenging the conviction of death sentence, Accused No. 2 and 3 have filed C.A. Nos. 209 of 2008 and 237 of 2008. State has preferred appeal against acquittal of Accused No. 1, 4 to 9 in C.A. No. 270 of 2008. Challenging acquittal of Accused No. 1,4 to 9, P.W.8-Amudhavanan, son of deceased Aladi Aruna has preferred Crl. R.C. No. 648 of 2008.

4. Since R.T. No. 2 of 2008 and C.A. Nos. 209 of 2008, 237 of 2008 and 270 of 2008 arising out of the same judgment (S.C. No. 62 of 2006), the Referred Trial, all three Criminal Appeals and Criminal R.C .648 of 2008 were taken up together and common judgment pronounced.

5. Case of prosecution in nutshell is as follows:

Deceased No. 1-Aladi Aruna was an Ex- Minister of Government of Tamil Nadu from 1996-2001 and prior to that he was a Member of Parliament. Deceased No. 2-Ponraj of Alangulam was the close friend of Aladi Aruna.

6. Accused No. 7-S.A. Raja was running several Educational Institutions in the Districts of Tirunelveli and Kanyakumari and started an Engineering College with the help of Aladi Aruna/Exhibit Law Minister of Government of Tamil Nadu at Athiyuthu near Alangulam in the year 2000. Deceased Aladi Aruna helped Accused No. 7 to get affiliation to the said College. Aladi Aruna was invited as Chief Guest for opening ceremony of the College.

7. Subsequently, in 2002, Aladi Aruna himself started constructing Engineering College under the name and style of Einstein's Engineering College near Alangulam at a place called Seethaparpanallur near the College of Accused No. 7 at Athiyuthu. On coming to know this, Accused No. 7 went to the house of Aladi Aruna and questioned him he is a novice in running educational institutions and as to why he should start College which resulted in wordy altercation between deceased Aladi Aruna and Accused No. 7-S.A. Raja. Accused No. 7 nurtured grudge and animosity against Aladi Aruna and the animosity further deepened with the inauguration of Einstein's Engineering College by Aladi Aruna. Even though, Accused No. 7 was invited for the inauguration of Einstein's Engineering College, he did not attend the function and he deputed his College Principal. During August 2004, Aladi Aruna obtained affiliation for his college from Anna University and started admitting the students in their College.

8. Anna University granted affiliation to Einstein's Engineering College on 4.8.2004 (Exhibit P-35). On 23.8.2004, Anna University cancelled the affiliation already accorded to Raja Engineering College (Exhibit P-36). After cancellation of affiliation to the College of Accused No. 7, number of students started deserted Accused No. 7's College and joined in the new College started by Aladi Aruna. One day, Accused No. 7 spoke to P.W.8-Amuthavanan over phone and asked as to how they could admit the students from his College. P.W.8 replied that they are admitting the students as per the Rules. Accused No. 7 retorted saying that they would face the consequences for their misdeeds.

9. Due to animosity, Accused No. 7 decided to eliminate Aladi Aruna and he engaged deceased accused Benny and Accused No. 1-Veldurai by offering them Rs. 5,00,000/- for killing of Aladi Aruna. Accused No. 7 entered into a criminal conspiracy in his College premises on