Mr. S. NAGAMUTHU, J.

1. The appellants are the accused in S.C. No. 76 of 2006, on the file of the learned Additional Sessions Judge (Fast Track Court), Pudukkottai. Altogether, there were nine accused. By Judgment dated 16.2.2007, the Trial Court acquitted the accused Nos. 4 to 7 and 9 and convicted these appellants under various penal provisions, as detailed below:

Accused No. Sentenced under Section(s) Quantum of substantive Sentenc Quantum of fine Sentence in default of payment of fine

1 302 IPC Imprisonment for life three years rigorous imprisonment 5,000/- Six months rigorous imprisonment

324 IPC 3,000/- Six months rigorous imprisonment.

2 302 IPC Imprisonment for life 5,000/- Six months rigorous imprisonment

3 302 read with 34 IPC Imprisonment for life 5,000/- Rigorous imprisonment for six months

8 302 read with 34 IPC Imprisonment for life 5,000/- Rigorous imprisonment for six months

Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

2. The case of the prosecution, in brief, is as follows:

The deceased, in this case, was one Chithirakannu. In respect of a land dispute between the first accused – S.Singaram and P.W.2 – V. Govindan, there had been a long standing enmity between these two families. The deceased – Chithirakannu was a supporter of P.W.2. P.W.1 and P.W.3 to P.W.7 are either relatives of P.W.2 or close family friends. In other words, the prosecution party, viz., P.W.1 to P.W.7 belonged to one faction in the village. The accused party belonged to the other faction, opposed to the prosecution party. The factional rivalry was due to the above land dispute between the first accused and P.W.2.

2.1. While so, according to the case of the prosecution, on 15.8.2005, at about 6.00 a.m., in front of one tea shop of Muthu, all these nine accused gathered in an unlawful assembly. The accused 1 to 4 and 6 to 9 were all armed with deadly weapons. To be precise, the first accused was armed with an iron bar, the second accused was armed with a crowbar, the third accused was armed with a sickle, the fourth accused was armed with a stick, the sixth accused was armed with a sickle, the seventh accused was armed with a stick, the eighth accused was armed with a sickle, the ninth accused was armed with a sickle and the fifth accused was not armed with any weapon. The object of the said unlawful assembly was to commit the murder of the deceased – Chithirakannu and to cause injuries on P.W.5 to P.W.7.

2.2. At that time, the deceased came to the tea shop to have tea. On seeing the deceased, the first accused directed the other accused to do away with the deceased. Immediately, the second accused attacked the deceased with crowbar on his head. The deceased fell down. The third accused – M. Rengasamy attacked the deceased on his right cheek with crowbar. The fourth accused – P. Selvam attacked the deceased with a stick on his back and the eight accused attacked him with sickle on his both legs. In the same occurrence, the first accused attacked P.W.6 with iron rod on her head. The sixth accused attacked P.W.6 with sickle on her head and caused a simple hurt. The seventh accused attacked P.W.7 with stick on her left hand and caused simple hurt. The deceased succumbed to the injuries instantaneously. The other injured, except P.W.1, were taken to the Government Hospital at Pudukkottai. But, P.W.1 went to the Karambakudi Police Station and preferred a complaint (vide Exhibit P-1) in respect of the occurrence.

2.3. P.W.21 was the then Sub-Inspector of Police, attached to the Karambakudi Police Station. On the basis of Exhibit P-1, he registered a case in Crime No. 304 of 2005 under Sections 147 , 148 , 341 , 324 , 323 and 302 of the Indian Penal Code. Exhibit P-31 is the First Information Report. Then, he forwarded the complaint, Exhibit P-1 and the First Information Report Exhibit P-31 to the jurisdictional Magistrate and handed over the case diary to the Inspector of Police for investigat