JUDGMENT

Phukan, J.-This appeal is directed against the Judgment and Order dated 24.01.97 passed by the High Court of Kerala in Criminal Appeal No. 485/93. The High Court allowed the appeal filed by the State by setting aside the judgment of the Sessions Judge, Kozhikode Division dated 26th March, 1993 in Sessions Case No. 9/92.

2. The learned Sessions Judge acquitted accused Mujeeb @ Mujeeb Rahman (A1), Johnson (A2) and Akbar (A3) who were charged under Sections 302, 392, 201 and 120-B IPC read with Section 34 IPC.

3. The High Court as stated above allowed the appeal filed by the State and convicted all the three accused under the above Sections. The present appeal has been filed only by two accused namely A1 and A3, A2 is not before us.

4. The prosecution case was that on 30.03.91 at about 11.30 a.m A1 reached Koyilandy Taxi Stand, hired the Tourist Taxi (Ambassador Car) driven by Balan of Thazha Valappil. A1 went in that car to Ashar lodge in Koyilandy where the other accused were staying and all of them proceeded in the car to Wynad and spent some time in Pookode lake. Thereafter, they visited Thirunelli Temple and Mananthavadi. While they were returning to Thamarasserry, it was al