JUDGMENT

P. Sathasivam, J. —

1) This appeal is filed against the final judgment and order dated 08.04.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No. 952 of 2004 whereby the High Court dismissed the appeal of the appellants herein and confirmed their conviction and sentence under Sections 143, 147, 148, 342, 449 and 302 read with Section 149 of Indian Penal Code (hereinafter referred to as “IPC”) passed by the trial Court.

2) Brief facts:

(a) The victim, Usman @ Haneefa, aged about 24 years is the brother of Yasin (PW-4) and cousin brother of Mohd. Rafi (PW-1), the first informant. One Nasar (CW-15) was running Kodakassery Oil Mill at Mannambatta during the relevant period. The Oil Mill belonged to Appachan (CW-14) which was taken on rent by Nasar (CW-15). The victim is the brother’s son of Nasar and was also a worker and helper in the Oil Mill. There was enmity between Shaji (A-1), first appellant herein and the victim. Devarajan (A-2) and Haridas (A-3) are the brothers of A-1 and Kannan @ Gopalakrishnan (A-4) is the brother-in-law of A-1.

(b) On 31.12.2000, at about 3 p.m., the accused persons (Shaji, Devarajan, Haridas, Kannan @ G