K.S. Radhakrishnan, J.

1. Disputes on the sharing of booty among the pick pocketiers, according to the prosecution, led to the killing of Anwar, a fellow pick pocketier. The gruesome incident occurred inside a stage carriage bus bearing registration number KL-13/5290 which was plying from Kozhikode to Guruvayoor. Prosecution version is that the accused persons had caused physical assaults on the deceased by hitting his head on the iron rod fixed on the bus seat, also hitting with bent elbow on his head which resulted in the death of Anwar. The incident had taken place around 4 p.m. on 09/08/1995. On the bus reaching the Valancherry bus stand, cleaner of the bus PW 10 reported the incident to the police constable, Ramachandran, who prepared Ext. P11 report. Based on the report PW 15, Inspector attached to Valancheri police station lodged Ext. P12 FIR. Accused 1 and 2 who had allegedly inflicted serious injuries on Anwar were restrained by some local people and employees of the bus and were handedover to PW 15. Anwar was taken to nearby hospital. PW 12 Medical. Officer who attended the injured at about 7.45 p.m. on 9-8-1995 declared that the injured was brought dead. Ext. P23 is the wound certificate issued by him. On receipt of the information about the death of the injured, PW 18 reached the hospital and prepared Ext. P4 inquest report. Accused 3 and 4 were later apprehended. All the accused persons were charge sheeted for the offence of murder punishable under S.302 read with S.34 IPC.

2. On completion of the investigation, charge was laid before the Judicial First Class Magistrate, Tirur and the case was committed to the Sessions Court as per order in CP No. 37 of 2001 for trial and disposal.

3. On the accused persons pleading not guilty to the charges framed against them, prosecution was permitted to adduce evidence in support of its case. Prosecution examined PWs. 1 to 19 and marked Exts. P1 to P26. After the close of the prosecution evidence, accused persons were questioned under S.313 of the Code of Criminal Procedure with regard to the incriminating circumstances but they maintained their innocence. Though the accused persons were called upon to enter on their defence and to adduce evidence in support of their case, no oral or documentary evidence was adduced on the side of the defence.

4. Learned Fast Track Court Judge after the trial as per Judgment dated 10-3-2005 found accused 1 and 2 guilty of the offence punishable under S.302 read with S.34 IPC. Fourth accused was found not guilty and acquitted under S.235 of the Code of Criminal Procedure and the third accused had died. Accused 1 and 2 were sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000 each and in default of payment of fine and in the event of remission, commutation etc. to undergo imprisonment for two years.

5. We heard learned Senior Counsel Sri M. K. Damodaran for the appellants and the learned Public Prosecutor Sri Sujith Mathew Jose.

6. PW 15 Sub Inspector of Police attached to Valancheri Police Station registered crime on the basis of Ext. P11 report submitted by the Police Constable Ramachandran who was on duty at Valancheri bus stand. Ext. P11 report was prepared on the basis of the information passed on to him by the cleaner of the bus who was examined as PW 10 who reported that one of the passengers of the bus was murdered by his fellow passengers inside the bus on the rear side by inflicting serious injuries. Accused 1 and 2 were detained by some of the passengers and were handedover to the police and were taken to Valancheri police station. Accused 1 and 2 were arrested on 10-8-1995. Dress allegedly worn by them at the time of the incident were seized by Ext. P5 seizure mahazar. PW 5 is one of the attesting witnesses to Ext. P5. Accused 1 and 2 are natives of Perinthalmanna and accused 3 and 4 are the natives of Ponnani. Accused Nos. 3 and 4 were later arrested. Deceased Anwar was taken to Valancheri hospital on 09/08/