Judgment

Rajendra Babu, J.—The appellant and two others were prosecuted for offences under Sections 341, 307 and 302 read with Section 34 IPC on the allegation that on 9.7.1989 near the bunk shop of one Kolasseri Pappachan at Konipadu junction, they restrained from moving on the road, murdered Simon and caused hurt to Benny [PW.1] and ran away. The Trial Court found that the charges against the appellant and the other accused were not established and acquitted them. The State preferred an appeal in the High Court. A Division Bench of the High Court set aside the order of acquittal and recorded the conviction against the appellant but did not disturb the order of acquittal made by the Trial Court with respect to the other two accused.

2. The prosecution case as unfolded in the Trial Court is that the injured witness, Benny [PW.1] and the deceased Simon were proceeding to their houses from west to east along Konipadu -Moonnilavu Road after purchasing beedi from the shop of one Mathachan at Konipadu junction. All the three accused who were moving ahead from Konipadu junction wrongfully restrained the deceased and Benny [PW.1] from proceeding on the road by asking them as to "why they