Radhakrishnan, J

Santhakumari (PW-7) would have never thought that she would become a widow at the hands of her own brothers and that her brothers would have to undergo imprisonment for life for committing murder of her husband. Deceased Sasi was enjoying the evening of 27.05.2001, after a day’s labour, with his wife (PW-7) and his son (PW-1) watching television. At 9.30 p.m on 27.05.2001 brothers of his wife along with third accused came to his house and third accused pulled him out of the house to the courtyard facilitating others to do the rest. First accused stabbed him with knife and second accused inflicted cut injuries on several parts of the body of the deceased with tapping knife and when the wife of the deceased intervened second accused also inflicted cut injury on her hands as well. P.W.7’s husband was taken to Kanjirappally Government Hospital and on reaching the hospital, P.W.8 the Doctor declared him dead. P.W.1 son of the deceased went to Mundakkayam Police Station and gave Ext.P1 statement which was recorded by P.W.16 Sub Inspector of Police Station and Crime No 107/2001 under Sections 302, 447 and 324 I.P.C read with Section 34 I.P.C was registered.

2. Investigation was taken over by P.W.17 Circle Inspector of Police, Kanjirappally who conducted inquest on the body of the deceased at the Government Hospital, Kanjirappally and prepared Ext.P9 inquest report in the presence of P.W.12 and recovered M.Os 3,4 and 5 from the body of the deceased. Deadbody was sent to Medical College Hospital for post-mortem examination. P.W.15 Assistance Professor of Forensic Medicine, Medical College Hospital conducted autopsy on the body of the deceased and issued Ext. P13 post-mortem certificate. He also collected blood and viscera of the deceased and obtained Ext. P14 chemical analysis report. P.W.17 visited the place of occurrence and prepared Ext. P10 scene mahazar in the presence of P.W.13 and another. On 2.6.2001 P.W.17 arrested the accused persons from near the private bus stand or Earattupetta and when questioned, first accused gave Ext.P11(a) statement and as led by him P.W.17 went to a place from where M.O.1 knife was recovered with the help of the first accused. P.W.17 prepared Ext.P11 seizure mahazar in the presence of P.W.14 and another. Second accused was also questioned who gave Ext.P12(a) statement regarding the place where he concealed the weapon of offence, M.O.2 which was recovered under Ext.P12 mahazar in the presence of the same attestor to M.O.1.

3. In order to establish the case, prosecution examined P.Ws 1 to 18 and marked Exts. P1 to P19 documents and M.Os 1 to 4. After closure of the prosecution evidence, the accused persons were questioned under Sections 313 of the Code of Criminal Procedure and they denied all incriminating circumstances brought against them and maintained their innocence. The court felt that the case warranted no acquittal under Section 232 of the Code of Criminal Procedure, and the accused persons were called upon to enter on defence. D.W.1 to D.W.4 were examined on the side of the defence. The court below after appreciating the oral and documentary evidence came to the conclusion that prosecution has proved the case beyond reasonable doubt and found that accused 1 to 3 had committed the offence punishable under Section 302 read with Section 34 I.P.C and were convicted and sentenced to undergo imprisonment for life and to pay compensation of Rs.50,000/- each to P.W.1, P.W.7 and the daughter of the deceased under Section 357 (3) of the Code of Criminal Procedure. Accused 1 to 3 were further sentenced to undergo simple imprisonment for three months under section 447 read with Section 34 I.P.C. The second accused was sentenced to undergo rigorous imprisonment for one year under section 324 I.P.C and the sentences were ordered to run concurrently. Aggrieved by the same these appeals have been preferred. Crl. Appeal No.110 of 2004 is filed by accused 1 and 2 and Crl. Appeal