Judgment

Dr. ARIJIT PASAYAT, J. :- Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court directing acquittal of the respondents. Originally five persons faced trial. The trial Court held the respondents guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). It however held that the charge levelled against all the five accused persons under Section 120-B, IPC was not established. It also held that the charge against 5th accused under Section 302 read with Section 120B, IPC was not established. The four accused persons preferred appeal before the High Court which by the impugned judgment directed their acquittal.

2. Prosecution version in a nutshell is as follows:

Veeraganesh (hereinafter referred to as 'deceased') and his friend Ganesh (PW-l) alias Ganeshamoorthy and M. Ganesh (PW2) were having involvement in Hindu Munnani said to be a branch of R.S.S. The three were friends. On 26.8.1989, Ganeshamoorthy (PW-1), M. Ganesh (PW2) met Veeraganesh at Rangakonar Street in Kattoor and spoke to him for about ten minutes. Babu (PW -4) the brother of Veeraganesh was also present at the spot when PW-1 and PW-2 spoke