Arijit Pasayat, C.J.

1. These two appeals and the revision application are interlinked. While the appeals have been filed by accused persons, who have been convicted, revision petition has been filed under S.397 read with S.401 of the Code of Criminal Procedure, 1973 (in short 'the Code') by widow of the deceased who lost his life in the alleged occurrence. For the sake of convenience, accused persons are referred to as 'A1, A2 etc.' as they were arrayed as accused persons during trial.

2. Accused persons have been found guilty of offences punishable under S.143, 147, 148, 341, 324 and 302 of Indian Penal Code, 1860 (in short 'IPC') read with S.149 thereof. A2 and A7 are respondents 1 and 2 in the revision application. Except A2 and A7, all other accused were sentenced to undergo imprisonment for life. They were separately sentenced to undergo rigorous imprisonment for three years for the offence punishable under S.148 and simple imprisonment for one month for the offence punishable under S.341. In view of the sentence imposed for offence punishable under S.148 IPC, no separate sentence was awarded in respect of offences punishable under S.143 and 147 IPC. All the sentences were directed to run concurrently. A2 (first respondent in the criminal revision) was sentenced to undergo rigorous imprisonment for three years for the offence punishable under S.148; simple imprisonment for one month for the offence punishable under S.341 and rigorous imprisonment for three years for the offence punishable under S.324 IPC. No separate sentence was awarded under S.143 and 147 IPC. So far as A7 (second respondent, in the criminal revision) is concerned, he has been sentenced to undergo rigorous imprisonment for two years for the offence punishable under S.144 IPC. No separate sentence was awarded under S.143 IPC. It was made clear that accused persons were entitled to get set off for the period undergone by them in judicial custody under S.428 of the Code.

3. Prosecution version, as unfolded during trial, is as follows: Raghavan (hereinafter referred to as 'the deceased') was an active worker of Communist Party. Later, he severed his action with said party and joined Congress Party. All accused persons are workers of Communist Party. Due to certain political stand taken by the deceased, enmity developed in the minds of accused persons towards the deceased. There were several quarrels between them. Deceased openly gave out that he will see that accused persons are apprehended by Police. Thereafter, enmity was aggrevated which ultimately transformed into an intention to do away with life of the deceased. On account of said common object an unlawful assembly was formed and on 16.3.1993 at about 6 pm, accused persons, armed with deadly weapons like iron rods, cycle chains, wooden sticks, handles of spades etc. accosted the deceased. Mohanan - A2 wrongfully restrained the deceased on the north of chavarunada at Mathiracode on the panchayat road leading to Chennancode and Manambur from Njakkadu High School Junction, Sreenarayanapuram desom, Ottoor village. He dealt a blow on the left hand of deceased with a cycle chain. On getting it, the deceased was wriggling in pain and cried loud. Babu (PW 2) tried to intervene. At that time, Madhavan - A7 beat PW 2 on the backside of his head and on right hand with an iron rod and caused injuries. Deceased, with a view to escape from attack of accused persons, took out a knife from tucks of his dhothi and inflicted a stab injury on Mohanan - A2 just below his left breast and two stab injuries on Madhavan - A7 below his left armpit and below the chest. On getting said injuries, A2 and A7 took to heels by leaving weapons on the spot. Uthaman - A6 inflicted a blow on right hand of the deceased with an iron rod and on getting said blow, the knife in hands of the deceased fell down. He again inflicted two blows on right hand and right thigh of the deceased with the iron rod thereby causing injuries. Mohanan