JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of the learned Single Judge of the Madras High Court upholding the conviction of the appellants for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `IPC) so far accused A1 is concerned, and the co-accused for the offence punishable under Section 302 read with Section 34 IPC. Learned District and Sessions Judge, Tirunvelveli, has held the appellant and the co-accused guilty and as aforenoted by judgment dated 20.10.1989 in Sessions Case No.140 of 1987. Another person Subbiah-A3 was charged for commission of offence punishable under Section 323 IPC. A3 did not prefer appeal before the High Court and A2 has also not filed any appeal before this Court.

2. Background facts in a nutshell are as follows:

2.1. According to the prosecution appellant herein along with Shanmugavel A2 and Subbiah-A3 the father of A2 caused the death of one Vairamuthu (hereinafter referred to as `deceased) at 2.30 p.m. on 22.4.1986 at Villam village, Tenkasi Taluk. The first accused Arumugam and the third accused Subbiah are brothers. The deceased is none other than the brother of first and third accus