JUDGMENT

RANJANA PRAKASH DESAI, J.

1. The appellant (original accused 4) along with three others (original accused 1, 2 & 3) was tried by the Additional Sessions Judge, Kottayam in Sessions Case No. 256 of 2000 for offences punishable under Sections 302, 392, 120 (B) read with Section 34 of the Indian Penal Code (for short, "the IPC"). Learned Sessions Judge convicted accused 1 under Section 302 of the IPC and sentenced him to life imprisonment. Learned Sessions Judge convicted the appellant and accused 2 and 3 under Section 324 read with Section 120B of the IPC and sentenced them to undergo rigorous imprisonment for 3 years each. They were acquitted of offences punishable under Sections 392 and 302 of the IPC. The appellant was sentenced to pay a fine of Rs.1,50,000/- which was directed to be distributed as compensation amongst the heirs of deceased Binoy.

2. The appeals carried from the said orders by the appellant and the other accused were dismissed by the Kerala High Court by its judgment and order dated 3.3.2005. In this appeal, by special leave, the appellant has challenged the said judgment and order to the extent it confirms the conviction and sentence awarded to him.

3. It