Kemal Pasha, J.

1. Can human beings be so cruel to another human being? The factual matrix unfurls the brutality and the continued physical torture, which a human being was subjected to, from dawn to noon on the fateful day, by the assailants for taking away his life, inch by inch. The deceased, who had least expected the impending danger, fell in the trap played by the assailants. He was abducted during dawn, tortured to the core, and finally, he succumbed to it by about the afternoon.

2. Deceased Vidyadharan, a young man of 35, had fought for peace in his locality by strongly resisting the goonda activities and drug trafficking by certain antisocial elements of the locality. He did not know the dangers to which he was exposed, in fighting against those antisocial elements. He has been mercilessly exterminated by such antisocial elements, in the prime of his youth, leaving his young widow of 27, two small daughters aged 5 and 1, and his aged mother, with whom he was very fond of, to the mercy of others.

3. Criminal Appeal No.1733 of 2009 has been preferred by A1, Criminal Appeal No.1178 of 2009 has been preferred by A5 and Criminal Appeal No.1779 of 2009 has been preferred by A4 in Sessions Case No.474 of 2006, of the II Additional Sessions Court, Ernakulam. Through the impugned judgment, the court below found these appellants guilty of the offences punishable under Sections 471, 143, 147, 148, 364, 302 and 201 IPC read with Section 149 IPC, and each of them was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months, under Section 471 IPC, rigorous imprisonment for 6 months each under Section 143 IPC, rigorous imprisonment for one year each under Section 147 IPC, rigorous imprisonment for two years each under Section 148 IPC, rigorous imprisonment for 10 years and to pay a fine of Rs.15,000/-, in default to undergo simple imprisonment for two years each under Section 364 IPC, imprisonment for life and to pay a fine of Rs.25,000/-, in default, to undergo simple imprisonment for two years each under Section 302 IPC, and rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/-each, in default, to undergo simple imprisonment for six months each under Section 201 IPC.

4. A1, A4, A5, A6, A8 to A12 and A14 have faced trial before the court below in the said case, out of whom the present appellants, namely A1, A4 and A5, alone were convicted and sentenced as aforesaid. Pardon was tendered to A6 and he turned as an approver. A8 to A12 and A14 were acquitted. A2 is no more. A3, A7 and A13 are absconding.

5. The prosecution case is that A1, A2, A3, A8, A9, A12 and A13 had hatched a criminal conspiracy on some days prior to 13.09.2003 for abducting and murdering Vidyadharan, who is the deceased in this case, who was a leader of the D.Y.F.I., against whom A1 and A2 had entertained enmity. In pursuance of the said criminal conspiracy, A1 abetted A9 to A11 to keep a watch over the activities of the deceased. On 12.09.2003, A1 to A6 assembled at the house of A9 and A10 and they spent the night on the terrace of that house. During that night, they dishonestly altered registration No. KL-07P-5460 of the taxi car of A8, as KL-07-546 by covering the letter 'P' and the numeral '0' with yellow insulation tapes and used the said false number as genuine. On getting up early in the morning of 03.09.2003 at about 6.15 a.m., A1 to A6 went near Pullukattu Kavu temple situated at the side of the Poothotta -Tripunithura public road by the said car bearing the false registration No.KL-07-546 and lay in wait for the arrival of the deceased. A2 to A5 were armed with deadly weapons like swords and A6 was armed with iron rod.

6. Deceased Vidyadharan came on that way by peddling his bicycle on his way to his work place, Indian Oil Corporation, where he was employed. A1 started the car and kept it ready for drive. A2 to A6 rushed to the deceased, caug