S. Padmanabhan. J.

Otherwise calm Thundipuzha river with shallow water will be in spate during rainy seasons when water raises up to the level of the bridge. During the period, youngsters of the locality, who know swimming, use to enjoy by jumping into the river from the bridge and swim when taking bath. They also use to find pleasure by forcibly putting their unwilling friends also into the river to join them. At about 4.30 p.m. on 22-7-1978, when the river was in spate, the six accused were enjoying their bath. Deceased Promod, one of their friends, was found walking through the nearly Nirmala hospital compound. At that time, accused formed themselves into an unlawful assembly with the common object of murdering Promod by throwing him into the water. They committed rioting and, in prosecution of the common object, accused 1 to 3 chased and caught the deceased, wrongfully restrained him and forcibly took him to the bridge against his protest and in spite of his cry that he did not know swimming and he would die if put into the water. All the accused then joined in throwing him into the water. He was washed off and drowned to death. This is the prosecution case.

2. Thoug