P.B. SURESH KUMAR, J.

1. These matters arise out of the judgment in S.C. No. 1322 of 2004 on the file of the Additional Sessions Court (Adhoc) 1, Kollam. There were altogether 16 accused in the case. Criminal Appeal No. 566 of 2009 is by accused Nos. 2, 4 and 5 and Criminal Appeal No. 630 of 2009 is by accused Nos. 8 and 9. In these appeals, the appellants challenge their convictions. Criminal Appeal No. 1417 of 2011 is by the State and Criminal R.P. No. 1931 of 2011 is by the defacto complainant. In these matters, the challenge is against the acquittal of the remaining accused.

2. The appellants in Criminal Appeal Nos. 566 of 2009 and 630 of 2009 have been found guilty and convicted for the offences punishable under Sections 143, 148, 460 and 302 of the Indian Penal Code, hereinafter, referred to as the IPC, for short. They were sentenced to undergo simple imprisonment for a period of one year and pay a fine of Rs. 5000/- each for the offence punishable under section 143 of IPC. They were also sentenced to undergo simple imprisonment for a period of two years and pay a fine of Rs. 10000/- each for the offence punishable under Section 148 of IPC. They were further sentenced to undergo rigorous imprisonment for a period of 3 years and pay a fine of Rs. 15000/- each for the offence punishable under Section 460 IPC. They were further sentenced to undergo imprisonment for life and pay a fine of Rs. 25000/- each for of the offence punishable under Section 302 IPC. In addition, the second appellant in Criminal Appeal No. 566 of 2009, who was accused No.4, was found guilty and convicted for the offence punishable under Section 427 of IPC also. The said appellant was sentenced to undergo simple imprisonment for a period of six months and pay a fine of Rs. 5000/- for the said offence.

Default sentences were also imposed on the accused.

The Prosecution Case:

3. The accused are members of an organization called NDF and deceased Ashraf was an active worker of the political party CPI (M). The accused maintained ideological conflicts with Ashraf. While so, on 17.7.2002, Ashraf assaulted accused No. 3 while dispersing an altercation between him and PW8. The said incident aggravated the enmity of the accused towards Ashraf. Consequently, the accused hatched a conspiracy to commit the murder of Ashraf and in furtherance of the said conspiracy, on 18.7.2002, at about 9.30 p.m. accused Nos. 1 to 13 reached the house of Ashraf with deadly weapons, in three vehicles, namely a jeep, an autorickshaw and a bike, and committed riot by exploding a country bomb and destroying the window panes and shutters of the house. It is alleged that accused No. 13 was the person who exploded the bomb. Thereafter, it is alleged that accused Nos. 1 to 6, 8, 9 and 11 broke open the door of the house which was closed by then, invaded the main room next to the sit out of the house and inflicted injuries on Ashraf with Mos. 2, 6, 13, 26, 47 and 48 swords, MO5 knife and MO3 chopper. In the course of the attack, Ashraf wrested MO13 sword from the grasp of accused No. 11 and struck blows with it on the right hand of accused No. 8 and on the left hand of accused No. 9, causing injuries. It is alleged that after some time, accused Nos. 7, 10 and 12 also entered the main room and inflicted injuries on Ashraf. It is alleged that MO9 sword and MO8 chopper were the weapons used by accused Nos. 10 and 12. After the attack, when the accused left the house, accused No. 13 blasted another bomb to keep the public away from the house. According to the prosecution, all the accused flee away from the scene thereafter in the very same vehicles. Ashraf was, though taken to St. Joseph's Hospital, Anchal, he died on the way to the hospital.

The Investigation and trial:

4. PW1, a cousin brother of the wife of Ashraf, informed the occurrence to Anchal police at 11 pm on the same day and a case was registered. Ext.P1 is the First Information Statement lodged by PW1. In Ext.P1, PW1 h