JUDGMENT

S.B. Sinha, J. - A ghastly murder in Mokeri East U.P. School, Paramel, Kannur Distt., Kerala took place on 1.12.1999 at about 10.40 a.m. K.P. Jayakrishnan Master (deceased) was a teacher in the said school. He was the class Teacher of class VI B. The school did not have a proper building. It was a semi- permanent shed. Whereas two sides of it had pucca walls with a height of about seven feet, the western and eastern walls were having kutcha ones. It had three classrooms, viz., for students of classes VA, VI B and VII B. In the northern room, class VIIB was to be held whereas class VIB was situate in the middle room and to its south was the class room of VA. On its eastern side, there was only 70 cm. wall having about 2 feet height. Another building was separated by 2.5 metres wide pathway. Classes VIB and VA were separated only by a screen.

2. The deceased was the State Vice President of Bhartiya Yuva Morcha. Appellants were members of the Communist Party of India (Marxist Group).Political enmity between the two parties is not in dispute. There had been A threatening to the life of the deceased. He had been provided with personal security. At the time of incid