Abdul Rehim, J.

The above Crl.Appeal arises out of the conviction and sentence imposed in Sessions Case No.518/2010 by the Ist Additional Sessions Court, Ernakulam, against accused No.1 and 2 therein, who are respectively the appellants 1 and 2 herein. The appellants were found guilty of offence under Section 302 read with 34 of the Indian Penal Code (IPC) and were convicted and sentenced to undergo imprisonment for life and a fine of Rs.25,000/- each and in default to undergo rigorous imprisonment for 3 months each.

2. The prosecution case is that, on 25.01.2009 at about 3:30 p.m. in furtherance of their common intention to commit murder of one Sri. Baby, both the appellants have inflicted cut and stab injuries on the head, stomach and different other parts of the body of the deceased with MO2 chopper and with MO1 knife at a public road, namely Kaniyalippady-Thirumaradi Road and the deceased died on 10.04.2009 at about 5:30 a.m. while undergoing treatment at the Medical College Hospital, Kottayam.

3. Evidence adduced before the trial court on behalf of the prosecution consists of oral testimony of PW1 to PW21, Exhibits P1 to P18 documents marked and MO1 to MO6 material objects identified. A court witness was examined as CW1. D1 and D2 are the Exhibits marked on behalf of the appellants.

4. It is the case of the prosecution that, on the date of occurrence while the deceased was travelling in an Autorickshaw driven by PW1, the appellants came in a 'Tata Sumo' Car and stopped it in front of the Autorickshaw in a manner blocking the Autorickshaw and the Ist appellant pulled down the deceased from the Autorickshaw and inflicted repeated cut injuries on his head, face, abdomen and other parts of the body with MO2 chopper, and the 2nd appellant had inflicted stab injuries with MO1 knife on his right abdomen and on the leg. When the deceased attempted to ran away from the scene of occurrence the appellants followed him and again inflicted cut injuries upon him at places, in front of the house of PW2. The deceased was taken by PW1 in his Autorickshaw and got admitted at the Medical College Hospital, Kottayam, on the same day itself, at about 6 p.m. According to the prosecution the deceased succumbed to the injuries sustained while undergoing treatment in the said hospital at 5:30 a.m. on 10.04.2009.

5. The investigation was initiated based on Ext.P12 statement of the deceased recorded by PW17 at the Medical College Hospital, on the date of the incident at 8.00 p.m. based on which Ext.P13 FIR was registered. PW19 took over the investigation and taken into custody, the Ist appellant on 26.01.2009 at 3:30 a.m. and the 2nd appellant on the same day at 5:30 a.m. He conducted inspection at the scene on the next day and prepared Ext.P3 Scene Mahazer. Arrest of the appellants were recorded at 12:00 noon on the said date vide: Ext.P15 memo. Based on Ext.P4 (a) disclosure statement given by the 1st appellant, MO2 chopper was recovered from a place as led by the 1st appellant. Likewise MO1 knife was recovered based on Ext.P5 (a) disclosure statement of the 2nd appellant from the place where the 2nd appellant, had led the Investigating Officer. Ext.P8 is the 'Accident Register cum Wound Certificate' with respect to the admission of the deceased at the Medical College Hospital, Kottayam on 25.01.2009, which is marked through PW12 Doctor who examined him at the Hospital. The deceased died at the Medical College Hospital on 10.04.2009 at 5:30 a.m. Ext.P9 (a) is the Certificate of Death contained in the 'Case Sheet' which is proved through PW16 Doctor examined. Photocopy of the 'Case Sheet' is produced through PW13 Superintendent of the Medical College Hospital and the same is marked as Ext.P9. Autopsy on the dead body was conducted by PW14 Doctor who had issued Ext.P10 Post Mortem Certificate. PW21 is the Doctor who conducted surgery on the deceased. The original of the Case Sheets, Ext.P17 and P18 were marked through him.

6. In Ext.P8 Wound Cer