JUDGMENT

B. SUDERSHAN REDDY, J.

This appeal by special leave arises out of judgment and order dated 18th December, 2006 passed by the High Court of Judicature at Madras, whereby the High Court confirmed the conviction and sentence of the appellants herein under Section 302 of the Indian Penal Code (IPC) while setting aside conviction and sentence under Sections 120B, 148, 341, 147, 302 read with Sections 149 and 109, IPC. 2. The facts in brief, according to the prosecution story, are that on 28th March, 2002 one Murugesan (deceased) was murdered at about 7.30 a.m. on the way leading to Badrakaliamman temple on Kovai Pudur Road in pursuance of a criminal conspiracy hatched by the appellants herein and other accused forming themselves into unlawful assembly so

2 as to wreck vengeance of the murder that took place on 26th March, 2002 of one Sultan Meeran. Before the incident, Kanakaraj (PW 1), brother of the deceased went to the barber shop situated near the place of occurrence to have a shave, where his paternal uncle Subramani (PW 4) told him that the deceased and some other persons were quarrelling at East of Badrakaliamman temple. Immediately, Kanakaraj (PW 1), rushed towards the