KOSHY, J. :- Seven accused were charge-sheeted for offences punishable under Sections 341, 398 and 302 read with Section 34 of the Indian Penal Code. A5 and A6 were absconding and their cases were split up. Case of A3 was also split up as he was not found originally and that was separately tried in S.C. No. 41 of 2004. A1, A2, A4 and A7 faced trial in SC No. 221 of 2002. The Court charge is as follows :

"That at about 7.30 p.m. on 7-6-2000 all of you in furtherance of your common intention to commit dacoity came in a Maruthi van bearing Registration Number IN 9450 and that you had restrained the deceased Ganapathi and his son the de facto complainant, who were proceeding to their house after closing their jewellery shop, in their scooter No. KL-10E 28 and that the accused Nos. 1 and 2 among you had stabbed Ganapathy with a knife on his chest, back and neck and inflicted fatal injuries and that he had succumbed to the injuries at Government Hospital, Thirurangadi, and that accused Nos. 3 to 7 among you had acted in conjointly committing dacoity along with accused Nos. 1 and 2 and all of you have committed offences punishable under Section 341, 396, 302 r/w. 34 of IPC at Chettipadi within the cognizance of this Court......."

The Sessions Court convicted A1 and A2 for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,50,000/-each. They were also convicted for offence punishable under Section 387 of IPC and sentenced to undergo rigorous imprisonment for life. They were further found guilty for offence punishable under Section 341 and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs. 500/- each. A3 (sole accused in S.C. No. 41/2004) and A4 (S.C. No. 221/2002) were also convicted and sentenced to undergo rigorous imprisonment for life under Section 398, IPC with compensation of Rs. 50,000/- payable under Section 357(3), IPC. A7 was sentenced to undergo rigorous imprisonment for 10 years under Section 398, IPC and to pay a compensation of Rs. 50,000/- under Section 357(3), IPC. A3, A4 and A7 were also convicted for the offence punishable under Section 341, IPC and sentenced to undergo simple imprisonment for one month with a fine of Rs. 500/-. Even though the case against A3 was separately tried, the evidence relied on by the learned Sessions Judge were almost same in both the cases. Therefore, we are disposing all these appeals by this common judgment. The evidence of witnesses are also similar in character. Against the conviction and sentence first accused filed Crl. A. No. 1833 of 2003, second accused filed Crl. A. No. 836 of 2004, third accused filed Crl. A. No. 1098 of 2004, fourth accused filed Crl. A. No. 1851 of 2003 and seventh accused filed Crl. A. No. 1707 of 2003.

2. The prosecution case is that at about 7.30 p.m. on 7-6-2000, all the accused, in furtherance of their common intention to commit dacoity, came in a Maruthi van bearing Registration No. T. N. 23D/9450, that they restrained the deceased Ganapathi and his son (P.W. 1) who were proceeding to their house after closing their jewellery shop, in their scooter bearing Registration No. KL-10E.28, that the accused Nos. 1 and 2 stabbed Ganapathi with knife on his chest, back and neck and inflicted fatal injuries at Chettipadi, that he succumbed to his injuries on the way to Government Hospital, Thirurangadi and that accused Nos. 3 to 7 acted in conjoining, in committing dacoity along with accused Nos. 1 and 2. We are describing the array of witnesses as mentioned in S.C. No. 221 of 2002 (unless otherwise stated) for the purpose of convenience.

3. P.W. 1, son of the deceased Ganapathi, gave Ext. P1 F.I. Statement and Ext. P12 is the FIR. In Ext. P1 F.I. Statement, which was given without much delay, he stated that on 7-6-2000 at about 7 p.m. as usual he and his father, deceased Ganapathi, were proceeding to their house, aft