[Criminal Appeal No.1623 of 2009]. This appeal arises out of a judgment and order dated 24th August, 2006 passed by the High Court of Judicature of Madras at Madurai, whereby Criminal Appeal No.857 of 2004 filed by the appellants and two others against their conviction for murder and sentence of life imprisonment has been dismissed. On 5th January, 1999 at about 3.00 p.m. the deceased Asokan was one amongst 200 other mourners who had assembled to attend the cremation of a near relative who had passed away and was being cremated at village Veerappanayakan Patti. Adikesavan (PW-1), Rajendran (PW-4), Vellingiri (PW- 5) and Paneer (PW-10) were also among those present at the cremation ground. The prosecution case is that, that on account of strained relations between the accused and the deceased arising out of rivalry in relation to smuggling of sandalwood by the two groups, there was, a few days earlier to the date of occurrence, a quarrel between them which had turned ugly with the two groups assaulting each other. The accused were, therefore, looking for an opportunity to get even with deceased which opportunity came their way when the deceased who was a resident of another village joined the funeral and the cremation ceremony.
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