JUDGMENT :

Prayer: Petition is filed under Section 378 of Criminal Procedure Code, against the Conviction and Sentence imposed by the learned Assistant Sessions, Kovilpatti in S.C.No.183/04, dated 06.08.2009 and acquit the appellants.

1. This Criminal Appeal is filed by the Appellants/Accused Nos.1 to 4, against the Judgment and conviction passed by the learned Assistant Sessions, Kovilpatti in S.C.No.183/04, dated 06.08.2009, convicting the appellants for the offence under Section 307 IPC., and sentenced them to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 1000/-, in default, to undergo one year Simple Imprisonment.

2. The appellants are A1 to A4 in this case. During pendency of the appeal, A4 viz., Periya Mariappan died. Hence, the appeal, as against A4, stands abated.

3. The facts of the case are briefly stated hereunder:-

(i) The appellants' sister Avudaiammal was given in marriage to P.W.1 and they have a child Manjula of 5 years. During the year 1997, P.W.1 had murdered the sister of appellants viz., Avudaiyammal, her minor daughter Manjula, screened the offense, by buried them inside the house, for which, the 1st appellant had lodged a complaint, on 30.11.1997,