The court applied the principle of common intention under Section 34 of the IPC to establish the guilt of the accused and differentiated the level of involvement of each accused in the crime.

Kemal Pasha, J.

1. Here is an instance wherein the precious life of an young man, at the dawn of his youth, was nipped in the bud on account of sheer political enmity! Deceased Rajesh aged 21 years, and PW2 Lijo were friends and the students of the N.S.S. College, Pandalam during the period of incident. Both of them were members of the SFI owing allegiance to the Communist Party of India(Marxist). On 31.10.2001 there was a meeting of the SFI at Kodumon junction. After the meeting, the deceased along with PW2 were walking along the Ezhamkulam - Kaipattur road to the direction of their house, expecting some buses coming through that road. When they reached in front of the Mahatma Memorial Tribal Hostel situated towards the north of Kodumon junction, at 8.30 p.m, the accused, who are the activists of an organisation named Kerala Dalith Panthers (shortly called 'KDP'), suddenly jumped in front of them from the western side, by crossing the road, and wrongfully restrained them. A2 and A3 caught hold of the deceased and stopped him by catching on both his hands; and swiftly, the 1st accused stabbed on the left chest of the deceased, just below the nipple with MO1 knife thereby causing a fatal injury. After inflicting such a fatal injury with precision, the appellants decamped with MO1 knife. The deceased was taken to the Government Hospital, Adoor, where the Doctor declared his death.

2. The accused are activists of an organisation named Kerala Dalith Panthers, shortly called 'KDP'. There was long standing political rivalry between those attached to KDP and those attached to CPI(M), at that locality. According to the prosecution, it is the said animosity which has resulted in the murder of the deceased by the accused, who are the activists of KDP.

3. On the basis of Ext.P1 F.I.Statement furnished by PW1 at 10.30 p.m. on 31.10.2001 before PW10, Sub Inspector of Police, Kodumon, PW10 registered Crime No.151/01 of Kodumon Police Station for the offences under Sections 341 and 302 read with Section 34 IPC, through Ext.P12 FIR. It seems that Ext.P12 FIR along with Ext.P1 reached before Court at 10.30 a.m. on 1.11.2001.

4. The investigation was taken over by PW11, Circle Inspector of Police, Adoor. At 8 a.m. on 1.11.2001, he reached the mortuary of the Government Hospital, Adoor, conducted the inquest and prepared Ext.P2 inquest report by which he seized MO2 dhoti, MO3 shirt and MO4 underwear from the body of the deceased. The body was sent to the District Hospital, Pathanamthitta, for postmortem examination. Thereafter, PW11 reached the scene of occurrence and prepared Ext.P3 scene mahazar, by which he seized two pairs of chappals identified as MO5 from the scene of occurrence.

5. At 11.45 a.m. on 8.11.2001 he placed A1 under arrest at the Railway Station, Kayamkulam. On the basis of Ext.P14(a) information furnished by A1 and as led by him, he reached the place wherein MO1 was left by A1 and recovered and seized the same through Ext.P4 mahazar. On 17.11.2001 at 8 p.m., he placed A2 and A3 under arrest from the bus stop near the market at Konni. The material objects were produced before court and forwarding note was filed, the copy of which is Ext.P9. Ext.P23 is the report received on chemical examination. PW12, successor-inoffice to PW11 verified the records and filed the final report. The prosecution case is that deceased Rajesh, was murdered by the accused, in furtherance of their common intention, out of political enmity, and consequently S.C.No.427 of 2005 of the Additional Sessions Court, Pathanamthitta.

6. On the side of the prosecution, PWs 1 to 12 were examined, Exts.P1 to P23 were marked, and MOs 1 to 5 were identified. After closing the evidence of the prosecution, the accused were examined under Section 313 Cr.P.C. They denied the incriminating circumstances appeared in the evidence against them and have resorted to a plea of alibi.

7. According to A1, he was at his house at the time of occurrence. According to