Judgment

K. JAYACHANDRA REDDY, J. This is an appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 CrPC. The three appellants herein, original accused 1 to 3, were tried for offences punishable under Sections 449 and 302 read with Section 34 IPC and they were acquitted by the trial court. On an appeal filed by the State, a Division Bench of the High Court set aside the order of acquittal and convicted them under Section 302 read with Section 34 IPC and sentenced each of them to undergo imprisonment for life. However, no separate sentence was awarded for the offence punishable under Section 449 read with Section 34 IPC. Hence the present appeal. The prosecution case is as follows :

2. The deceased, one Jose, the accused and the material witnesses PWs 3 and 5 belong to Kothamangalam. There was enmity between the accused and the deceased because of some land disputes. On 10-1-1981 the deceased along with PWs 3 and 5 and others were playing cards in the Knights Club room situated in the upstair portion of the Kothamangalam Municipal Shopping Centre. After 9 p.m. they stopped playing the cards and PWs 3 and 5 went o