JUDGMENT

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The appellants/A1 and A2 were charged for the offences under Sections 302 r/w 34 and 506(ii) IPC. The trial Court, by its judgment dated 25.02.2014, though found the appellants not guilty for the offences under Sections 302 r/w 34 and 506(ii) IPC, found the appellants guilty for the offence under 304(1) I.P.C. and sentenced them to undergo 10 years RI each and to pay a fine of Rs.1,000/- each in default to undergo 6 month SI each. Against the said conviction and sentence, this present appeal has been filed.

2.It is represented by the learned counsel appearing for the appellants that during pendency of the appeal, A2 in this case passed away on 10.02.2015. This fact was not denied by the learned Government Advocate (criminal side) also. In view of the same, this appeal abates in respect of A2.

3.The case of the prosecution briefly stated as follows:

(i)The deceased Kalifullah is the brother of P.W.1 Mohammed Meeran. P.W.5 Rajitha Begam is the wife of the deceased Kalifullah. Four months prior to the occurrence, the deceased came to the house of P.W.1 at Kuthbisha Nagar, Trichy for doing painting works. P.W.2 Kalifulla is the brother-in-law of P.W.1 and he is also