judgment

V.S. Sirpurkar, J. —

1.This appeal challenges the judgment of the High Court whereby the conviction of the appellant- Mani for an offence under Section 302 Indian Penal Code, 1860 read with Section 34 as also the conviction under Section 201 I.P.C. have been confirmed by the High Court.

2.Originally, there were two accused persons, however, accused No.2 Moyyasamy has been acquitted by the High Court. State has not challenged the acquittal of accused Moyyasamy. We have to therefore consider only whether the High Court was justified in confirming the conviction of the appellant for the offences stated above.

3.The prosecution case was that the two accused persons had murdered one deceased Sivakumar who had strained relationship with Accused No. 2 Moyyasamy. The relationship was strained on account of the cattle belonging to the father of the deceased namely P.W.1 Arunachalam having grazed in the field belonging to accused Moyyasamy. In fact, both P.W.1 Arunachalam and accused Moyyasamy are the real brothers while deceased Sivakumar and P.W.2 Amulnathan were the sons of Arunachalam. On account of the cattle trespass into the field of A.2 Moyyasamy, there was a quarrel. This tresp