JUDGMENT

V. GOPALA GOWDA, J.

1. This criminal appeal is directed against the impugned judgment and order dated 09.06.2009 in Crl. Appeal No. 1898 of 2005 passed by the High Court of Kerala at Ernakulam whereby it has allowed the said criminal appeal filed by the respondent herein, by setting aside the order of acquittal passed by the Court of the Addl. Sessions Judge, Thodupuzha, in Sessions Case No.461 of 2001. The High Court convicted both the appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short `IPC') and has sentenced them to undergo imprisonment for life with a fine of Rs. 25,000/- each. In default of payment of fine they shall suffer rigorous imprisonment for two years each.

2. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

The case of the prosecution is that one young man named Jojo (since deceased), an auto rickshaw driver by profession, was in romantic relationship with a minor girl named Smitha (PW-2) daughter of the appellant no.1. The relationship between the two was vehemently opposed by the girl's family. The appellant no.1 completely ruled