KOSHY, J. :- After perusing the judgment in S.C. No. 55 of 1993 passed by the Court of Session, Kollam, this Court has taken suo motu calendar revision invoking inherent powers of the High Court under S. 482 of the Criminal Procedure Code. Meanwhile, the State also filed appeal against the same judgment. Hence both are heard together. The accused were charge sheeted by the Circle Inspector of Police, Punalur under Ss. 143, 147, 148, 324 and 302 r/w S. 149 of Indian Penal Code and Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case of the prosecution as summarised by the Learned Sessions Judge is as follows :

"2. The case of the prosecution is as follows :-

On 3-5-1992, Kunjupennu, the wife of CW 11 died at 1 p.m. and the relatives of Kunjupennu and CW 11 assembled in the house of CW 11 for attending the burial ceremony. CW 1 in this case is stated to be a member of Kurava community a scheduled caste. CW 2 and her husband and their relatives who are also members of Kurava community went to the house of CW 11 for attending the burial ceremony. The burial of Kunjupennu was delayed because CW 16 the daughter of C