K.P. Jyothindranath, J.

1. This appeal is preferred against the judgment of conviction and sentence passed by the Additional Sessions Court, Kollam in S.C. No. 770/2012. The appellants are accused Nos. 1, 3, 5 and 6. The charge sheet was filed by the CI of Police, Kollam in Crime No. 1094/2002 of Kollam East Police Station. Originally, there were seven accused in the crime. As per the Police charge, accused were:

Sajeev @ Kochu Sajeev, S/o Bhadran

Sajeev @ Kali Sajeev, S/o Bhaskaran

AnilKumar @ Anthakkannan, S/o Abdulsalam

Santhosh @ Kadachin, S/o Francis

Gopi @ Kuttichira Gopi, S/o Sekharan

Pramod, S/o Gopinadhan

Jayaprakash @ Podimon, S/o Gopalakrishna Pillai"

2. They are charge sheeted for offence under Section 143, 147, 148, 324, 302 read with Section 149 of IPC. The allegation against the accused in the police charge was that on 24.11.1997 at about 8.45 p.m., while CW1 was riding a bicycle along with deceased Santhosh on pillion, the accused came in a car and hit against the cycle and they fell down. The accused who were equipped with deadly weapon like swords and iron rods inflicted fatal injuries on the body of Santhosh and murdered him.

3. In the incident, CW1 was also sustained injuries. He informed the Police on the same night at 9.30 p.m. and thereafter he was hospitalized. The above Santhosh died on the spot itself. In the F.I. Statement mentioned above, six persons were named. Thereafter, during investigation, the investigating officer reported that among the six named persons, two persons were not involved in the crime and requested to be deleted. Final report was filed against 7 persons. The final report was taken on file as C.P. No. 294/2000. The case was committed to the Court of Sessions, Kollam. Only six accused were committed as per order dated 28.5.2001 in C.P. No. 294/2000 on the file of Judicial First Class Magistrate Court II, Kollam. The Court of Sessions took cognizance of the case and numbered the case as S.C. No. 770/2002 and made over the case to Second Additional Sessions Court, Kollam. As already stated, since Accused No. 2 was absconding, the case against Accused No. 2 in the crime was not committed. Accused No. 7 in the crime absconded after committal. Accused No. 4 died during the pendency of the case before the Sessions Court. It can be further seen that he died before framing charge. Thus, it can be seen that the charge was framed against five persons namely, Sajeev @ Kochu Sajeev, S/o Bhadran, who was ranked as accused No. 1, AnilKumar @ Anthakkannan, S/o Abdulsalam, who was shown as accused No. 3, Gopi @ Kuttichira Gopi, S/o Sekharan, who was shown as accused No. 5, Pramod, S/o Gopinadhan, who was shown as accused No. 6 and Jayaprakash @ Podimon, S/o Gopalakrishna Pillai, who was shown as accused No. 7 in the judgment.

4. As already stated above, the said Jayaprakash @ Podimon absconded after framing of the charge. Thus, altogether actually five accused faced trial. Jayaprakash @ Podimon absconded. Thus, it can be seen that actually four persons were only before the court at the time of pronouncing judgment. All the above said four accused were convicted by the court below by its judgment dated 24.3.2010 for the offences as referred above and for which charge was framed. All the above said four accused are the appellants herein. Prosecution altogether examined 22 witnesses and Ext. P1 to P21 were marked. Prosecution also marked material objects as MO 1 to MO 10. On the side of the defence, DW1 was examined and Exts. D1 to D14 were marked. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

5. When the appeal came up for hearing, the learned Senior Counsel, Sri. M.K. Damodaran, appearing for the appellants argued before us that the prosecution case depends upon the solitary evidence of PW1. It is the submission that the evidence of PW1 is inconsistent with the original prosecution case as well as contradictory to the evidence of other witness. I