JUDGMENT

Rajendra Babu, J.-This is an appeal against conviction for offences under Section 302 read with Section 34 Indian Penal Code passed by the High Court in reversal of an Order of Acquittal passed by the Court of Sessions.

2. The Prosecution case is as follows:

That consequent to an election in the local High School Meppayur, Kozhikode, Kerala, there was some clash between two student political factions. The baton of clash was handed over to the respective parent political parties. During the ongoing clash, it is alleged that the deceased Ibrahim-a worker of Communist Party of India (Marxist) had entered into the nearby temple and beaten up some BJP/ RSS workers. It is also alleged that his entry had rendered the temple impure. Later on a meeting was said to be convened to condemn the entry of non-Hindu Ibrahim to the temple. This incident was cited as the motive of the accused to murder Ibrahim.

3. That on 28-12-1987 at about 7 PM PWs-2 and 3, brothers of deceased Ibrahim, came to his bakery for some money. While the three brothers were talking about the money matters in the verandah of the adjoining shop room, four persons who had come running attacked Ibrahim with lethal weapo