Kemal Pasha, J.

1. Here is a case, which depicts a fine illustration as to how recklessly an investigation could be commenced and conducted. The unfortunate untoward incident, which had triggered from some trivial incidents of restlessness among two religious outfits at a place called Kaduvinal within the local limits of Vallikunnam Police Station, have ultimately resulted in staging an attack towards the Kaduvinal mosque and the murder of an innocent young man who was coming out of the mosque after his night prayers by about 9 p.m on 23.2.2005. Carelessness had even extended to the conduct of the prosecution before the court below also.

2. A2, A4, A5, A10 and A17 in S.C.No.594/05 of the Additional Sessions Court-II, Mavelikkara, who stand convicted under Sections 143, 147, 148, 447, 427, 326 and 302 r/w Section 149 of IPC and Section 153 A(1)(a) of IPC and each of whom sentenced to undergo rigorous imprisonment for 3 months under Section 143 of IPC, rigorous imprisonment for 6 months under Section 147 of IPC, rigorous imprisonment for one year under Section 148 of IPC, rigorous imprisonment for one month under Sections 447 r/w Section 149 of IPC, rigorous imprisonment for 6 months and to pay fine of Rs.2,000/- each under Sections 427 r/w Section 149 of IPC and in default, to undergo rigorous imprisonment for 2 months each under Sections 427 r/w Section 149 of IPC, rigorous imprisonment for 3 years each and to pay fine of Rs.3,000/- each, in default of payment of fine, to undergo rigorous imprisonment for 3 months each under Sections 326 r/w Section 149 of IPC, rigorous imprisonment for 1 year each under Section 153A (1)(a) of IPC and to undergo imprisonment for life and to pay fine of Rs.20,000/- each, in default, to undergo rigorous imprisonment for 2 more years under Sections 302 r/w Section 149 of IPC, have come up in appeal.

3. Originally, altogether 17 accused were indicted alleging offences as aforesaid, along with offences under Sections 307 and 120B of IPC also. In the course of the trial, A1 and A6 died. Even though the case as against A3, A8, and A9 were also committed, subsequently they absconded and therefore, the case against them was split up. The court below after a full-fledged trial, acquitted A7, A11, A12, A13, A14, A15 and A16. Further, all the accused were acquitted of the charges under Sections 307 and 120B of IPC.

4. It is alleged that the accused are the followers and sympathisers of an organisation called RSS. There was communal hatred and ideological differences between such RSS workers with a section of the Muslim community who had indulged in the works of an organisation called NDF. It is alleged that both the said organisations wanted to promote communal hatred each other. The allegation is that as a consequence of such communal hatred, the accused, who are the followers of the RSS wanted to settle scores with the Muslim community, and thereby they hatched a criminal conspiracy, firstly on 23.2.2005 at 12 noon, at the Government Hospital, Kayamkulam, where A12 was undergoing treatment, consequent to the attack staged against him by the sympathisers of NDF. Thereafter, on the same day at 7 p.m., the accused assembled at the house of A13 wherein the RSS Karyalayam was functioning, and conspired further by finalising the plan for committing the crime involved in the incident in this case.

5. On 23.2.2005 at 9 p.m., the deceased along with PW15 and PW39 Imam of the mosque, came out of the mosque after night prayers. PW39 locked the mosque, and after engaging in a chat for sometime, they were coming to the eastern courtyard. At that time, in pursuance to the conspiracy as aforesaid, the accused formed themselves into an unlawful assembly armed with deadly weapons like sword sticks, iron rods and bamboo sticks, and came and stopped the said vehicles on the road, just in front of the Kaduvinal Mosque by motorcycle bearing registration No.KL4H-7785 being ridden by A16 on which A6 was a pillion rider,