CHETTUR SANKARAN NAIR, J.

This appeal by leave, is directed against the order of acquittal in S.C. 10/86 on the file of the Court of Session, Pathanamthitta Division. Respondents were charged with offences punishable under Sections 342, 324 and 302 read with Section 34, IPC, in that they in furtherance of their common intention, caused the death of one Muhammed Kannu and caused injuries to PW 2, at or about 9 p.m. on 5-6-1985. The incident took place in front of the shop of PW 3, at Mundukottakkal. According to prosecution, respondents were talking among themselves, when the deceased came on the scene. When deceased went near the respondents-accused, first respondent is alleged to have taken a chopper (M.O. 5), which the fourth respondent was carrying, and inflicted injuries on the deceased. PW 2 pleaded with them not to kill the deceased, and went towards them. Upon that, first accused is said to have inflicted a wound on his arm with the chopper. Thereafter, respondents went southwards. PW 2 went near the shop of PW 3 and leaning on a pillar, asked PW 3 to fetch a car. PW 3 looked for a car, but to no avail and reported the matter to PW 2. He then went to his brother'