Chettur Sankaran Nair, J.

This Appeal by leave, by the State of Kerala is directed against the Order of acquittal in S.C. No. 23/85 on the file Of the Court of Session, Thalassery Division. The four Respondents stood trial for the offence under S.302 read with S.34IPC, in that they, in furtherance of their common intention, caused the death of one Thomas at or about 10 P.M. on 5-8-1984 at Arayangad, by cutting him with a chopper. The motive is said to be enmity on account of political differences.

2. On the night of occurrence, the deceased was returning from Kuthuparamba to his house at Alachery. He alighted from a bus, and was walking homewards when he met the Respondents. There was a conversation between the deceased and Respondents, and as they neared the shop of one Kurian, Respondents are said to have waylaid and stabbed the deceased. Hearing his cries, PW2 came on the scene and saw the deceased lying injured. He informed PW1- the son of deceased, and PW1 took the deceased in a bus to the Kuthuparamba hospital. PW11 Doctor examined him and found him dead. He sent Ext. P12 intimation to the Police. Later, PW1 made Ext. P1 first information statement before the police