JUDGMENT :

K. Kalyanasundaram, J.

The appellants are the accused in Sessions Case No.8 of 2006 on the file of the Additional District and Sessions Judge, Dindigul. The charges against the accused are that 147, 427, 323, 302 r/w 109 IPC (A1, A5 and A6); 148, 427, 323 and 302 IPC (A2); 148, 427, 323, 324 and 302 IPC (A3); 148, 427, 324, 302 r/w 149 IPC (A4); 147, 427, 302 r/w 149 IPC (A7) and 147 and 427 IPC (A1). The accused stand convicted and sentenced to undergo 6 months simple imprisonment under section 427 I.P.C.; 3 months simple imprisonment under section 323 I.P.C.; one year simple imprisonment under Section 148 I.P.C.; 2 years simple imprisonment with fine of Rs.5,000/-, carrying default sentence under Section 324 I.P.C., the accused were sentenced to undergo life imprisonment together with fine of Rs.10,000/-, carrying a default sentence under Sections 302, 302 r/w 149, 302 r/w 109 I.P.C.

2. It is to be noted that pending trial, A5 Ramasamy died and hence, the charges against him abated. Pending appeal, A6 Nagaraj passed away on 26.09.2018 and hence, the charges against him also abated.

3. The case of the prosecution necessary for the disposal of these appeals would run thus:-

This is a case of playful act of two adolescents led to a group clash, eventually resulted in death of one Alagarsamy and causing injuries to PW1 and PW2 and A1 and A4. PW1 and PW2 are husband and wife. PW3 is the daughter of PW1 and PW2. The deceased Alagarsamy is husband of P.W.4 and brother of P.W.1. A1 is the father of A2. A3 and A4 are the sister's son of A1. A5 is the younger brother of A1. A6 and A7 are his relatives. Both the accused party and prosecution party are permanent residents of Viralipatti.

4. The story of the prosecution is that P.W.1 runs a provision store at Viralipatti Busstand. On 03.10.2003 at about 6.00 pm, PW3 was proceeding to her grandmother's house, but returned back in midway screaming. On enquiry PW1 and PW2 were informed that A1's son Rajasekaran threw stones on her and also pulled her hair. Immediately, PW2 took PW3 to the house of A1 to question the act of Rajasekaran. At that time, PW1's brother-in-law Kannan also came there and PW1 requested his brother-in-law to bring his wife PW2 and his daughter PW3 back to his house. In the meanwhile, PW2 and PW3 reached the house of A1 and when they questioning the act of the said Rajasekaran, PW1 to PW4 attempted to assault them with pestle. Then they came back and the prosecution party wanted to leave the matter as it is. While so, at 6.00 pm on 04.10.2003, PW1 and PW2 were cleaning their shop to celebrate Ayutha Pooja. A1 went to the shop and made sarcastic comments against P.W.1, which was objected by him. A1 left the place and within 10 to 15 minutes, A2 and A3 armed with knife, A4 with iron road and the other accused with sticks, came back to the shop of PW1 and caused damages to the glass jar and other articles.

5. The further case of the prosecution is that proclaiming that no one is there to question them even they commit murder, A1 assaulted PW1 on his left shoulder, while the other accused pulled him down and beat him with sticks and hands. On hearing the hue and cry, PW1's brother Alagarsamy came to the spot and he took a stick and attacked A1 and A3. So, A1, A5 and A7 instigated the other accused to kill the deceased Alagarsamy. Thereafter, the deceased Alagarsamy ran to his house, but he was chased by the accused and brought back to the staircase of the shop, where A4 and A7 caught hold and pressed him against the wall, A3 with knife inflicted injury on the left flank and left neck. PW2 intervened, A3 assaulted on her left nape. On seeing the people rushed to the scene, the accused took to their heels.

6. The further story of the prosecution is that PW5 brought a Car from Battalagundu and took deceased, PW1 and PW2 to Government Hospital, Battalagundu, where the deceased Raja @ Alagarsamy was declared brought dead. PW2 and PW3 were admitted in the hospital. P.W.13, D