JUDGMENT

K. Jayachandra Reddy, J. - These three appeals under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act read with Section 379, Cr. P.C. are filed against the judgment of the High Court of Kerala. Original accused Nos. 2 to 5 and 7 to 15 are the appellants herein. Altogether 15 accused were tried by the Sessions Judge, Alleppey for offences punishable under Sections 143, 147, 148, 149, 286, 452, 323, 324, 326, 436 and 302, I.P.C. A-1 was murdered sometime during the pendency of the trial and the remaining accused were acquitted by the trial court. The State of Kerala filed an appeal against the acquittal in the High Court. During the pendency of the appeal A-6 died and the High Court convicted the remaining accused, who are the appellants before us, and sentenced them to undergo imprisonment for life under Sections 302/149, I.P.C. and for other periods varying from six months to five years under the other charges. Hence the present appeals. The prosecution case is as follows.

2. The accused are said to be sympathisers of the R.S.S. having political animosity towards the sympathisers of Marxist Party to which the injured witnesses and the deceased belong. One R.S.S. sympathiser by name Sivan was alleged to have been done to death by the Marxists earlier. This aggravated the strained feelings. On the night of 9.11.1981 the accused having formed themselves into an unlawful assembly armed with deadly weapons like choppers, sword sticks, axes, lathis and iron rods unleashed terror in The kkekara at Mankombu in Kuttanad and committed a series of criminal acts. At about 1 O Clock in the night, the accused in the first instance approached the house-cum-tea shop of P.W. 4, cut open the fence of the house and A-1 to A-5 entered the house and thereby committed the house-breaking. A-2 inflicted a cut injury with a chopper on the head of P.W. 4. A-3 and A-5 inflicted several injuries on P.W. Sand when P.W. 6, wife of P.W.4, intervened, she was kicked and pushed down. Thereafter A-8 poured petrol over the roof and set fire to the tea shop. Then they proceeded to the bunk shop of Thankappan and A-8 set fire to that shop. Thereafter they proceeded to Kuttan Taluk committee office of C.P.I. (M), trespassed into the compound, broke open the front door and some of them entered the building, and damaged the furniture and other articles. A-8 poured petrol and set fire. Thereafter the accused proceeded to the east along the road and reached the house of Thankappan and surrounded the house. A-8 poured petrol and set fire to the house. Thankappan woke up and extinguished the fire by pouring water. P.W. 7, his wife, got out of the house with the children and she cried out to her husband that the assailants were R.S.S. men. When Thankappan got out of the house, A-1 inflicted cut injury with a hoppers on his right shoulder. The deceased rushed to the east and was chased by all the accused. The deceased then rushed to the south end stepped into the courtyard of P.W. 34. But the accused reached the place and A-4 inflicted a cut injury on the neck with an axe. The deceased fell down. A1, A-2, A-3 and A-5 inflicted a number of injuries with choppers and swords. Thereafter A-1 cut and severed the head of the deceased and took up the head of the deceased raising war cries and proceeded along the road. On the way they also came to the tea shop of P.W. 11 and set fire to the same. Likewise they damaged the house of P.W. 10. Thereafter the accused went to the local committee office of C.P.I. (M) and set fire to the furniture. After that they proceeded towards the east raising cries and placed the severed head of the deceased on the bridge. Then they proceeded along the eastern side of the bridge and reached the boat shed belonging to the, union and them set fire to the same causing a loss of Rs. 1 lac. P.W. 39, S.I. of Police, attached to Pulincunnu Police Station on getting information about the atrocities proceeded to