P.S. Gopinathan, J.

1. The Sessions Judge, Thrissur in SC.No.564/2007 on his file convicted the appellants in these Criminal Appeals for offence under Section 143, 147, 148, 341 and 302 r/w. 149 IPC. The appellant in Crl.Appeal No.1412/2008, who is the first accused as per the charge sheet, was sentenced to be hanged by the neck till he is dead for offence under Sec.302 of the Indian Penal Code r/w. Sec.149 IPC. He is further sentenced to rigorous imprisonment for six months and a fine of Rs.10,000/- with usual default clause for offence under Sec.143 IPC. For offence under Sec.148 IPC he was sentenced to rigorous imprisonment for three years and a fine of Rs.50,000/- with default sentence. For offence under Sec.341 r/w. 149 IPC he is sentenced to simple imprisonment for one month. For offence under Sec.147 IPC, no separate sentence was awarded. Assailing the conviction and sentence appeal was preferred.

2. The sentence against the appellant in Crl.Appeal No.1412/2008 being death; it was referred to this Court under Sec.366 of the Code of Crl.Procedure for confirmation. Accordingly, Death Sentence Reference was registered.

3. The appellant in Crl.Appeal No.899/2010, who is the third accused in the charge sheet, was sentenced to rigorous imprisonment for life and a fine of rupees two lakhs for offence under Sec.302 r/w.149 IPC. For offence under Sec.143, 148 and 341 IPC, identical sentences as awarded to the other appellant were also awarded. No separate sentence was awarded for offence under Sec.147 IPC.

4. The appellant in Crl.Appeal No.899/2010 didn't care to prefer any appeal. When the Death Sentence Reference and the First Appeal came up for hearing, it was enquired from this Court as to whether he is preferring any appeal assailing the conviction and sentence. It is, thereafter, the other appeal was preferred with petition to condone delay. The delay was condoned and the appeal was taken to file.

5. Hereinafter, unless otherwise required, the parties are referred as appellants 1 and 2. Appellants 1 and 2 were prosecuted by the Circle Inspector of Police, Valappad Police Station, who was examined as Pw18, alleging offence under Sec.143, 147, 148, 341, 324, 326 and 302 r/w.102 IPC.

6. The prosecution case in brief is as follows: The appellants and other four accused persons were engaged in various criminal activities. Deceased Shine and others constituted an Action Committee and had made representation before the authorities against the appellants and other accused. Being got angry for constituting an Action Committee and representing to the authorities, the appellants and other accused were nursing a grudge against deceased Shine. On 27.3.2007 there was festival in Sree Bhadrakali Hanuman Swami Temple at Koorikuzhi desom, Kaippamangalam village. The temple belongs to Kozhiparambil family of which Pw1, Shine, the appellants and others are members. Deceased Shine was the oracle of the main deity of the temple. Pw3 is the oracle of Muthappan komaram. After certain rituals of the temple in connection with the festival, for the next ritual, Pw4 was putting kalom (drawing with different coloured organic powders). Deceased Shine, who was sitting near the Santhimadom outside the Chuttambalam, was dozing. Pw1 was standing outside the compound wall of the temple, which according to Pw1, is upto the chest level and was watching the putting of kalom. Pw2, a sweeper was also sitting at the verandah of the Santhimadom. Pw3 and 5 were assisting Pw4 in putting kalom. By about 11.40 pm. the appellants along with others who were mentioned in the charge sheet as accused Nos.2, 4, 5 and 6 formed themselves into an unlawful assembly. The second appellant and accused 2 and 4 were armed with swords, deadly weapons; and the 6th accused was armed with a chopper which is also a deadly weapon and being members of the unlawful assembly and armed with deadly weapons, in furtherance of their common object to commit murder of Shine, they rushed to th