V. Ramkumar, J.

1. The four appellants herein who were the accused in S.C. 79/2000 on the file of the Fast Track Court (Ad hoc) II, Kottayam were charge sheeted by the Dy. S.P. of Police, Narcotic Cell, Kottayam (PW 16) for an offence punishable under S.302 r/w. S.34 I.P.C.

2. The case of the prosecution can be summarised as follows:-

On 7-2-1997 at or about 6.45 p.m. at Ayamkudy Kara in Muttuchira Village of Vaikom Taluk in Kottayam District, the 4th accused came driving his goods autorickshaw (pick up auto) bearing Reg.No.KL-5/B 9756 along with A1 to A3 in the said goods carrier and pulled up in front of Marangattil House of the deceased namely, Sathyadevan @ Sahadevan @ Sahadi aged 42 years. The deceased was the driver of a mini lorry. A2 straight away went over to the deceased who was sitting along with PW 2 in the veranda of his house. A2 caught hold of the deceased by the tuck of his dhoti and dragged him on to the Ezhumanthuruthu - Kapola road in front. The deceased picked up the soda bottle on the parapet of his house. Seeing this A2 went and picked up a soda bottle from the adjacent grocery shop run by Rajamma (PW 7), the wife of the deceased and came on to the road. From the southern mud road (road margin) in front of the aforesaid grocery shop, A2 struck the deceased on the head with the soda bottle. Then Sahadevan also hit A2 on the head with the soda bottle in his hand and inflicted an injury. Seeing this A3 sprinkled chilly powder in the eyes of the deceased. The chilly powder got into the eyes of the deceased stood there with both hands held against his face and rubbing his eyes. A1 then exhorted his companions to cut Sahadevan to death. Thereupon A2 drew a chopper from inside his shirt and cut the deceased on his head inflicting injuries. A3 stabbed the deceased on his right arm with a knife inflicting injury. A4 then cut the deceased on the back of his head with a chopper. Deceased Sahadevan who fell on the road was taken by PWs. 1, 2 and 8 to the Kottayam Medical College Hospital. The deceased who had become unconscious on account of the injuries sustained by him succumbed to the same at 2.10 p.m. on 8-2-1997. Since the aforesaid acts were done by A1 to A4 in prosecution of their common intention to do so, the accused persons have committed the offence of murder punishable under S.302 r/w. S.34 IPC.

3. On the accused pleading not guilty to the charge framed against them by the court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution examined 16 witnesses as PWs. 1 to 16 and got marked 17 documents as Exts.P1 to P17 and 8 material objects as MOs.1 to 8.

4. After the close of the prosecution evidence the accused were questioned under S.313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They admitted that Exts.P16 and P17 are the wound certificate pertaining to A2 and A3 respectively.

5. When called upon to enter on their defence, the accused examined the Secretary of the Ayamkudy Branch of KPMS as DW1. In the written statement filed under S.233(2) Cr.P.C. the 2nd accused stated as follows:-

"He was travelling in the pick up autorikshaw of A4 for loading jack fruits from the property of KPMS situated to the west of the place of occurrence. When they reached the place of occurrence, the autorickshaw driven by his brother A3 came from the opposite direction. Both the autorickshaws stopped and the brothers were talking with each other. When the engine of the autorickshaws were throttled, the deceased picked up a quarrel with them alleging that they had let smoke from the exhaust on him and he called abusive words. There was an altercation between A2 and the deceased. The deceased came with a soda bottle and hit him on his head. The deceased was also having a knife and he apprehended that the deceased wou