Judgment

DUA, J.:- (With J. M. SHELAT J.) These are two appeals (Crl. A. No. 263 of 1971 and Crl. A. No. 300 of 1971) against a common judgment of the Kerala High Court disposing of four appeals (3 separate appeals by accused Nos. 1 to 5 convicted by the Additional Sessions Judge, Kottayan and one appeal by the State against the acquittal of accused Nos. 6 to 10) affirming the conviction and sentence of accused Nos. 1 to 5 and reversing the order of acquittal of accused Nos. 6 to 10, convicting them under Sections 302/149, I.P.C. as also under Section 148, I.P.C. Accused Nos. 1 to 5 have been sentenced to death by both the trial court and the High Court under S. 302, I.P.C. and to rigorous imprisonment for one year under S. 148, I.P.C. whereas accused Nos. 6 to 10 have been sentenced to imprisonment for life by the High Court under Ss. 302/149, I.P.C. and to rigorous imprisonment for one year under S. 148, I.P.C. All the ten accused persons have appealed to this Court and they are :

1. Apren Joseph alias Current Kunjukunju,

2. Kochukunju Vasu alias Thankappan,

3. Velu Damodaran,

4. Kesavan Kumaran alias Kochu,

5. Cherian Mathew alias Scaria,

6. Mundan Poulose alias Baby,

7. Yohannan Pothan