SASIDHARAN NAMBIAR, J.

Appellant in Crl.A.No.651 of 2009 is the first accused and appellants in Crl.A.No.251 of 2009 are accused 2 to 6 in S.C.No.256 of 2004 on the file of Additional Sessions Court, Fast Track-II, Thrissur. They faced trial for the offences under Section 143, 147, 148, 341 read with Section 149, 324 read with Section 149 and 302 read with Section 149 of Indian Penal Code. Learned Sessions Judge convicted the first accused for the offences under Section 143, 148, 341, 324 and 302 read with Section 149 of Indian Penal Code and accused 2, 3, 4 and 6 for the offences under Section 143, 147, 341 and 324 read with Section 149 of Indian Penal Code and 5th accused for the offences under Section 143, 148, 341 and 324 read with Section 149 of Indian Penal Code. First accused was sentenced to rigorous imprisonment for life and a fine of Rs.25000/-, and in default, rigorous imprisonment for one year for the offence under Section 302 read with Section 149 of Indian Penal Code, rigorous imprisonment for one year for the offence under Section 148 of Indian Penal Code, rigorous imprisonment for six months for the offence under Section 143 of Indian Penal Code, rigorous imprisonment for one year and a fine of Rs.2000/- and in default simple imprisonment for six months for the offence under Section 324 read with Section 149 and simple imprisonment for one month for the offence under Section 341. Fifth accused was sentenced to rigorous imprisonment for six months for the offence under Section 143, rigorous imprisonment for one year for the offence under Section 148, simple imprisonment for one month for the offence under Section 341 read with Section 149, rigorous imprisonment for one year and a fine of Rs.2000/- and in default simple imprisonment for six months for the offence under Section 324 read with Section 149 of Indian Penal Code. The remaining accused were sentenced to rigorous imprisonment for six months for the offence under Section 143, rigorous imprisonment for six months for the offence under Section 147, simple imprisonment for one month for the offence under Section 341 read with Section 149, rigorous imprisonment for one year and a fine of Rs.2000/-and in default, simple imprisonment for six months each for the offence under Section 324 read with Section 149. Appeals are filed challenging the conviction and sentence.

2. Prosecution case is that on the Onam day of 2001, viz, 31.8.2001, PW1 Sampath, PW2 Raphi, PW5 Rineesh, deceased Baiju and one Jijesh had gone to Brahmakulam Theatre to see the movie "Parakkum Thalika" for the second show. They reached the Theatre by about 8.20 pm. They deputed Jijesh to stand in the queue to purchase tickets for them. PW1, PW2 and the deceased waited away from the ticket counter at the exit point for the return of Jijesh with the tickets. While so, the accused came there and attempted to enter the place where the ticket counter is situated, circumventing the queue. Deceased Baiju prevented them, objecting the attempt to purchase ticket other than by standing in the queue and thereby made their attempt futile. This infuriated the accused. Jijesh could not purchase the tickets as the ticket counter was closed before he could reach the ticket counter. By that time, the accused approached Baiju and others. Accused formed an unlawful assembly with the common object of attacking Baiju and others to teach them a lesson. Fifth accused with a reaper attacked Baiju and when he evaded it, it fell on the thigh of PW1. First accused took MO1 knife from his waist and inflicted injuries on the chest and neck of Baiju, who sustaining the injuries, proceeded towards the verandah with the bleeding injuries. First accused with MO1 knife then inflicted an injury on the left thigh of PW1. The other accused attacked PW2 and PW5 and caused hurt. First accused with Mo1 knife inflicted injury on PW2 while he was wrongfully restrained by the second accused. The accused thereafter ran away from