Judgment

CHINNAPPA REDDY, J.:- Criminal Appeal No. 15 of 1976 is under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, and Criminal Appeal No. 147 of 1976 is an appeal by Special Leave. The five appellants in the two appeals and three others were tried by the learned Addl. Sessions Judge of Salem and acquitted of offences under Ss. 148, 302 read with Sec. 34 and other cognate offences. On an appeal by the State of Tamil Nadu the High Court of Madras confirmed the acquittal of accused 3, 5 and 7 and convicted the present appellants (accused 1, 2, 4, 6 and 8) under Sec. 148, Indian Penal Code. The High Court also convicted Al and A2 (appellants in Criminal Appeal No. 15 of 1976) under Sec. 302 read with Sec. 34 and accused A4, A6 and A8 (appellants in Criminal Appeal No. 147 of 1976) under Sec. 307, Indian Penal Code. The case of the prosecution briefly was that there was enmity between the Vanniars and Naickers of Kottaiyur village in regard to the management of Mariamman temple. The accused, all of whom are closely inter-related, belong to the Naicker group while most of the prosecution witnesses belong to the group of the Vanniars. On September 4, 1972, at about