P.B. Suresh Kumar, J.

1. Accused Nos.1, 3, 4 and 5 in Sessions Case No.25 of 2006 on the file of the Additional Sessions Court (Adhoc) Fast Track -I, Pathanamthitta are the appellants. They have been found guilty and convicted for the offences punishable under Sections 143, 147, 148, 302 and 307, read with Section 149 of the Indian Penal Code, hereinafter referred to as "the IPC" for short. For the offence punishable under section 143 of IPC, they were sentenced to undergo rigorous imprisonment for a period of 3 months each. They were also sentenced to undergo rigorous imprisonment for a period of one year each for the offence punishable under Section 148 of IPC. They were further sentenced to undergo rigorous imprisonment for a period of 3 years each for the offence punishable under Section 307 IPC. They were further sentenced to undergo imprisonment for life and pay a fine of Rs.10000/-each, in default of which to undergo rigorous imprisonment for a period of one year each, for of the offence punishable under Section 302 IPC.

2. The case set up by the prosecution is as follows:-On account of previous enmity, the accused formed themselves into an unlawful assembly and in prosecution of their common object of committing the murder of PW5, on 21.2.2004 at about 8.30 p.m., they beat PW5 with firewood logs and in the course of the attack on PW5, one vikraman and PW4, who are his close relatives, intervened and then the accused caused injuries on them also with the firewood logs carried by them and among them, vikraman succumbed to the injuries sustained by him in the said occurrence.

3. A case was registered by Perunadu Police on 22.2.2004 on the basis of Ext.P2 F.I. Statement given by PW4. PW22 commenced the investigation. He conducted the inquest of the dead body, prepared the scene mahazar, arrested the accused and effected recovery of the material objects. PW25 completed the investigation and submitted the final report against the accused, alleging commission of the offences referred to above.

4. On appearance, the accused pleaded not guilty. Consequently, the prosecution was called upon to adduce evidence in support of its case. The prosecution, thereupon, examined 25 witnesses as PW1 to PW25 and marked 27 documents as Exts.P1 to P27. The prosecution has caused the identification of 10 material objects also.

5. After the evidence of the prosecution, the accused were questioned under Section 313 of the Code of Criminal Procedure. They denied the incriminating circumstances appearing against them in the evidence of the prosecution and maintained that they are innocent. Since this was not a case of no evidence for the prosecution, the accused were called upon to enter on their defence. The accused, however, chose not to adduce any evidence.

6. The Court of Session, on an evaluation of the evidence on record, found that the accused are guilty of the offences alleged against them, and convicted them.

7. We have heard Adv. Sri. Joseph P. Alex for appellant Nos.1 to 3, Adv. Sri. V. Sethunath for appellant No.4 and the learned Public Prosecutor, Sri. Roy Thomas, for the State.

8. Whether the prosecution has succeeded in establishing the guilt of the accused is the point to be decided.

9. Injuries found on the body of the deceased, as recorded in Ext.P6 post mortem certificate read thus :

(1) Lacerated wound, 7x1 cm, bone deep, oblique, on right side of top of head, front inner end 3 cm outer to midline and 8 cm above eyebrow.

(2) Lacerated wound, 6x1 cm, bone deep, sagittaly placed on the top of head in the midline, 10 cm above root of nose.

(sagitally placed was four front to the back in the midline)

(3) Multiple small contused abrasions over an area, 5x3 cm, on right side of forehead, just outer to midline and 2 cm above eyebrow.

On dissection scalp tissues on front and top of head showed contusion 18x10 cm, involving its entire thickness. Skull showed comminuted fracture over an area 10x7 cm involving right parietal and right