Padmanabhan Nair, J.

The Death Sentence Reference is made by the Additional District & Sessions Judge (Adhoc) Fast Track, Kalpetta under Section 366(1) of the Code of Criminal Procedure for confirmation of the capital sentence imposed on the second and fourth accused in Sessions Case No.317 of 1999 on the file of that Court. They were found guilty of the offences punishable under Sections 364, 302 and 392 read with Section 34 of Indian Penal Code, convicted and sentenced to death for the offence under Section 302 read with Section 34 I.P.C. For the offences punishable under Sections 364 and 392 I.P.C. they were sentenced to undergo rigorous imprisonment for 10 years each. It was further ordered that if the fine is realized, an amount of Rs.1,00,000/= should be paid to the legal representatives of the deceased as compensation under Section 357(3) of the Code of Criminal Procedure. Set off was also allowed.

2. Crl.Appeal No.37 of 2005 is filed by the above said accused challenging the conviction and sentence imposed on them.

PROSECUTION VERSION

3. Deceased Kuttan @ Manojkumar, a taxi driver by profession, was the brother-in-law of P.W.3 (Vijayakumar). P.W.3 purchased a new je