Judgment

Quadri, J.-In this statutory appeal under Section 379 Cr.P.C. accused 1 to 3 in Sessions Case No. 154 of 1984 on the file of the 1st Addi­tional Sessions Judge, Trivandrum, are the appellants. They assail the validity of the judgment of June 8, 1989 passed by a Division Bench of Kerala High Court in Criminal Appeal No. 87 of 1986 setting aside their acquittal by the trial Court and convicting and sentencing them as follows: Under Section 302 read with Section 34, I.P.C.-imprison­ment for life; under Section 307 read with Section 34, I.P.C.-rigor­ous imprisonment for seven years and Section 3 of the Explosive Sub­stances Act, 1908-Imprisonment for five years. All the sentences were directed to run concurrently.

2. In this case Trade Union rivalry between INTUC and CITU on the one hand and BMS on the other culminated into the atrocious incident of April 21, 1983 in which one Thanukuttan @ Nanukuttan died and three persons P.W. 1, P.W. 2 and P.W. 4, suffered injuries. In respect of this incident the police filed charge-sheet against the appellants and twenty other persons of whom A-13 died and the remaining were tried on the following facts for offences under Sections 120B, 143