A.M.SHAFFIQUE, J.

1. Crl.Appeal No. 96/12 has been filed by the State seeking enhancement of sentence of accused Nos.2 to 4, 6 and 7. All other appeals are filed by accused 1 to 8 and 12. DSR No.8/2009 relates to the death sentence imposed on the first accused.

2. An accident occurred on 20.7.2005 at 1.45 p.m in the National Highway near Kanichukulangara Junction, Alappuzha District. Two vehicles were involved in the accident-a lorry bearing Regn.No.KRO 1760 and a Tata Safari car bearing No.KL-13-E/9180. According to PW1, the informant, the lorry was proceeding from north to south and the Tata Safari car from the opposite direction. Persons named Ramesh, Latha, Vijayadharan and Kuttikrishnan were travelling in the Tata Safari car, which was driven by Shamsudeen. The accident occurred due to the rash and negligent act on the part of the driver of the lorry. The injured Shamsudeen, Ramesh and Latha died on account of the injuries sustained by them and Vijayadharan (PW8) and Kuttikrishnan (PW6) were seriously injured. Crime No.227/2005 of Mararikkulam Police Station was initially registered on 20/7/2005 at 8.00 p.m alleging offences under Sections 279, 338 and 304 of Indian P