Advocates Appeared

Mr. D. Mukherjee, Sr. Advocate, (Mr. A. S. Nambiar, Advocate, with him), for Appellant; Mr. K. T. Harindranath Sr. Advocate (Mr. A. G. Pudissery, Advocate, with him), for Respondent.

Judgement

CHANDRACHUD, J.:- This is an appeal from the judgment of the High Court of Kerala setting aside an order of acquittal passed by the learned Sessions Judge, Kottayam, and convicting the appellants under S. 302 read with Section 149 of the Penal Code. The High Court has sentenced each of the eight appellants to imprisonment for life.

2. The incident out of which the prosecution arises happened at about 9 p.m. on December 25, 1969 in Baison Valley of Rajakkadu Village. It is alleged that the appellants formed themselves into an unlawful assembly on the road in front of the ration shop of appellant No. 1 and in prosecution of the common object of the assembly they committed the murder of one Kunjikunju. Kunjukunju received 19 injuries and died on the spot. The First Information Report about the incident was lodged next afternoon by P.W. 1 at the Udumbanchola police station, which is at a distance of about 35 miles from the scene of occurrence.

3. Relying on the decision of this Cour