ORDER

K. Jayachandra Reddy, J. - In Sessions Case No. 14/86 on the file of the Sessions Judge, Wayanad Division, Kalpetta, four persons were tried for offences punishable under Sections l20-B, 398, 302/149, I.P.C. and also under Sections 25(1)(c) read with 3 and 27 of the Indian Arms Act, 1959. The trial court convicted all of them for the offence of murder and also under Section 398, I.P.C. A-2 Nirappaukandathil Kurien was sentenced to death and other three accused were sentenced to imprisonment for life and also to undergo R.I. for seven years under Section 398, I.P.C. A-1 and A-2 were further sentenced to undergo R.I. for five years under Section 25(1) of the Arms Act. The sentences were directed to run concurrently. All the accused preferred appeals to the High Court and the confirmation case regarding the death sentence awarded to A-2 was also heard along with the appeals. The High Court altered the sentence of A-2 to one of imprisonment for life and with this modification dismissed all the appeals. A-1 and A-3 have not preferred any appeals to this Court. A-4, Vettikuzhiyil Joseph @ Jose has prefered Criminal Appeal No. 138/91 and A-2. Nirappukandathil Kurien has preferred Criminal Appeal No. 443/91. The prosecution case is as follows:

2. The four accused along with Kunnummal Razak, P.W. 1, the approver in the case and Puzhamkunnummal Chandran entered into a conspiracy to commit dacoity at the house of Sekharan, the deceased and also to kill him. All of them were unemployed and they were in search of employment A-1 promised P.W. 1 to get him employed at Mysore. On 1.3.1984 P.W. 1 and A-1 went to the house of A-1. From there they went out carrying three guns, rice and other provisions. They went to a place called Pallikunnu and met A-2 to A-4 and also Chandran. One gun was given to A-2 and one to P.W. 1. A-1 was carrying a double-barrel gun and A-3 was carrying the provisions. On that night they stayed in forest and prepared rice gruel from a rock and after drinking the same slept for a while. On the third day they were trekking through the forest and by the evening they reached a place known as Kurichiarmala. A-1 told others that K. Sekharan, the deceased is a rich man and is having money and gold ornaments and therefore they should rob him on that night. Thereupon P.W. l and A-4, one of the appellants before us, stated that they would not go. There upon A-1 threatened them with death and they were forced to follow. At about 2 A.M. they went near the house of the deceased and took positions. Chandran kicked at the door. Thereupon a window was opened and light was flashed out. After some time, an old man accompanied with two women came out flashing electric torches and another woman was carrying a lamp. A-1 accosted them and commanded "hands up" and shot the old man. But the shot missed that man and hit Chandran, one of the associates of the accused who died on the spot. At that moment, A-2 shot with the gun at the old man who fell down. The women, however, managed to carry the injured old man inside the house and shut the door. A-4 ran away. A-1 to A-3 also came hurriedly to P.W. 1 and A-4. All of them went to their native places. Information reached the police and the investigation was taken up. The injured Sekharan was taken in a jeep to the Government Sekharan was taken in a jeep to the Government Hospital. Sub Inspector of Police recorded .the statement of P.W. 2. The deceased died and in quest was held over his dead body as well as on the dead body of Chandran. The investigation proceed further and the accused including P.W. 1 were arrested and at their instances, the weapons were seized and after completion of the investigation, the charge-sheet was laid.

13. P.W. 1, however, was tendered pardon and he was taken as an approver. Then the identification parade was held. P.Ws. 2 and 3 identified P.W. 1 and A-2 and A-3. P.W. 4 identified A. 2 to A-4. A-1 was not put up for identification as he was not apprehended by them.