JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred against the judgment and order dated 7.4.2005 passed by the High Court of Kerala at Ernakulam in Criminal Appeal Nos. 1675 and 1955 of 2003 by which the High Court, while affirming the findings of fact, modified the judgment and order of the trial court dated 29.8.2003 in Sessions Case No. 58 of 2001 i.e. Criminal Appeal No. 1675 of 2003 stood dismissed, while Criminal Appeal No. 1955 of 2003 was partly allowed.

2. Facts and circumstance giving rise to this appeal are that:

A. Babu (PW.1); Sobhanan (PW.2); and Parvathy (PW.4) all relatives were having inimical terms with the appellants. Several criminal cases were pending between them. In order to take revenge, the appellants formed an unlawful assembly for the purpose of committing murder of Sobhanan (PW.2). They waited in the house of Sudhakaran (A.1) on 12.4.2000, which was the last day of Mahotsavam conducted in the Shanmughaviiasam temple at Kulasekharamangalam, at about 10.00 p.m.

B. Sobhanan (PW.2) came alongwith his 8 years old son along the pathway on the eastern side of the house of Sudhakaran (A.1) from the temple. Sudhakaran (A.1) repeatedly shouted “catc