Koshy, J.

Accused five in number were charge sheeted for the offences under Sections 143, 147, 148, 323, 201 and 302 read with Section 149 I.P.C. Accused 2 and 5 were absconding. Case against them was split up and accused 1, 3 and 4 faced trial and they were found guilty and they were convicted and sentenced with imprisonment for life for the offence under Section 302 read with Section 149 I.P.C. they were also sentenced to undergo rigorous imprisonment for three months under Section 143 read with 149 I.P.C., rigorous imprisonment for six months under Section 147 read with 149 I.P.C., rigorous imprisonment for one year under Section 148 read with 149 I.P.C., rigorous imprisonment for one year under section 323 read with 149 and rigorous imprisonment for one year under Section 201 read with 149 I.P.C. The sentence was ordered to run concurrently. They were also given the right of set off in case of commutation of the sentence of life imprisonment. PW1 gave first information report. He deposed that on 18-1-1998 at about 5. p.m. While he was walking through the side road of railway track he saw six person. Accused and deceased Babu were walking through the railway track quarrelling with each other. Next day morning at 7.30 a.m. he heard the news about death of Babu and he informed the matter to the police. He did not see the incident. PW2 is an attenstor to Ext.P2 inquest report.

2. PW3 is stated to be an eye witness. He is engaged in concreting work. According to him while he and PW7 were going to Ambi sami's house he saw the incident. He deposed that he saw all accused along with the deceased walking through the railway track and there was quarrel regarding money. Deceased Babu caught hold of the collar of the shirt of second accused Biju. Shirt of Biju was torn and it was thrown at railway track. Immediately Biju took a stone and hit the deceased. Babu sat down as his head was broken. Four persons took him into an autorickshaw and brought to a compound. Next day he knew that Babu died. He also identified Mo.1 dhothi, Mo.2 Baniyan, MO.3 chappals of the deceased and MO.4 stone used by second accused. During cross examination he stated that he was accused in two criminal cases. He further stated that when he saw the incident deceased was tearing the shirt of A2. He was hit by a small stone. He is not aware why shirt was torn.

Again he stated that MO.4 granite piece was taken from railway track.

He further stated nobody expected that A2 will hit the deceased with the stone. All of them had taken liquor.

3. PW6 was a railway gate-man. He is also examined as occurrence witness. He saw the deceased, A2 and other accused walking through railway track and they were having an altercation. The deceased and A2 were assaulting each other. Initially, Babu the deceased caught hold of A2 and tore his shirt. He stated as follow:

He later stated that the accused separated A2 and deceased and he did not know the rest of the incident.

PW7 who is a butcher by profession gave similar evidence as that of PW3. He also identified MOs.1, 3 and 4.

4. P.W.2 is the doctor who conducted post-mortem and issued Ext.P7 certificate and identified following injuries:

1. Contused abrasion on front of head on midline 1.5 x 0.5 cm, transverse, 2.5 cm above root of nose.

2. Contused abrasion on left side of front of head 0.5 x 0.5 cm, 1 cm above outer end of the left eyebrow.

3. Contused abrasion on outer aspect of left eyebrow 0.5 cm outer to outer end of the left eyebrow measuring 1 x 1 cm.

4. Contused abrasion on left cheek 6 x 2.5 cm transverse.

5. Contused abrasion on left side of chin 1.5 x 1.5 cm.

6. Linear abrasion on under surface of chin 0.5 cm. long transverse, 0.5 cm. below chin 1.5 cm outer to midline.

7. Linear abrasion on under surface of chin 2.2 cm below chin, 0.5 cm long, transverse 0.7 cm below injury No.6.

8. Linear abrasion 1 x 0.2 cm vertical, seen over the right end of the chin.

9. Contused abrasion on tip of nose 0.5 x 0.5 cm.

10. Contused abrasio