PAREED PILLAY, J.

Accused 1 to 3 in S.C. 6 of 1991 of the Sessions Court, Manjeri Division have filed the appeals challenging the conviction and sentence against them by the Sessions Judge. They stood charged u/Ss. 364, 302 and 201 read with S. 34 of the Indian Penal

Code. Learned Sessions Judge found them guilty u/Ss. 364, 302, 201 read with S. 34 and u/S. 120-B of the Indian Penal Code. All the accused were sentenced to undergo rigorous imprisonment for seven years each under Ss. 364 and 120-B and for five years under S. 201 of the IPC. Death sentence was imposed upon A-1 subject to confirmation by this Court and A-2 and A-3 were sentenced to undergo imprisonment for life u/S. 302 of the Indian Penal Code.

2. Musthafa alias Muthu was found missing from the afternoon of 1-5-1990. A dead body was found on 7-5-1990 in the ravine near the Sixth Hair Pin Curve in Thamarasseri Ghats. P.W. 2, Muhammadkutty on seeing the corpse reported the matter to P.W. 30 Head Constable of Thamarassery Police Station. P.W. 30 recorded the statement of P.W. 2 and deputed two police constables to guard the scene. The dead body was not identified at that time. Ext. P-28 is the first informati