JUDGMENT :

The first accused in SC No.286/2005 on the file of the Additional Sessions Judge, Thodupuzha is the appellant herein. The State of Kerala represented by the Public Prosecutor is the sole respondent. The judgment dated 19.10.2006 in the above case is under challenge in this appeal.

2. I would like to refer the parties in this appeal as prosecution and the accused hereinafter for easy reference.

3. The brief facts of the case :

The prosecution allegation is that on 5.5.2004 at about 7.30 P.M accused Nos.1 to 3 in this case wrongfully restrained and manhandled one Peethambaran and in consequence thereof, he died at Medical College Hospital in Kottayam on 7.5.2004 at about 5.30 P.M. Nedumkandom Police registered Crime No.116/2004 and after investigation charge alleging commission of offences under Section 341, 302 r/w 34 of IPC was filed.

4. On committal of the matter, the learned Sessions Judge took cognizance for the above offences and proceeded with trial after framing charge under the above sections. During trial, PW1 to PW15 were examined, Exts.P1 to P13 and MOs1 to 5 were marked on the side of the prosecution.

5. The accused were questioned under Section 313 of the Cr.PC and