JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. This appeal is directed against the judgment dated 31st March, 2008 passed by the High Court of Judicature at Madras in Criminal Appeal No.1009 of 2005. By the impugned judgment the High Court dismissed the appeal and affirmed the judgment of conviction and sentence passed by the learned Sessions Judge against the appellants for the offence under Section 364, 302 and 201 read with Section 34 IPC.

2. The case of the prosecution in nutshell is as follows: Prior to 4th April, 2004, the date of incident, the deceased Manikandan expressed his love to one Rajeswari, daughter of accused No.1, Krishnan @ Ramasamy and accused No.5, Selvam. For the said reason, there was a commotion which resulted in enmity between the accused on the one side and the deceased Manikandan on the other side.

The deceased was driven out of Neyveli area. Subsequently, on 4th April, 2004 during Panguni Uthram Kaavadi Festival at Veludaiyanpattu village, the deceased visited for the festival. On the said date at about 6.30 p.m., the deceased along with his friends was talking behind the school at Vadakkumelur. At that time accused No.1, Krishnan @ Ramasamy, accused No.2 Rajen