JUDGMENT :

Johnson John, J.

The third, second and first accused respectively in S.C. No. 341 of 2016 on the file of the Additional Sessions Judge-III, Mavelikkara filed the above appeals challenging the conviction and sentence imposed on them for the offences under Sections 341, 326 and 302 r/w Section 34 IPC as per the impugned judgment dated 26.05.2017.

2. The prosecution case is that at about 6 p.m., on 18.02.2016, the first and third accused came to the petrol pump of the deceased Muraleedharan Nair in a motorcycle and quarrelled with the staff for asking them to wait in the queue and on hearing noise, PW1, who is the cousin brother of the deceased, came out from the office of the petrol pump and saw accused Nos. 1 and 3 leaving the petrol pump by uttering obscene words. PW3, the elder brother of the deceased and the Manager of the petrol pump was also there and he informed the first and third accused persons that petrol will be filled only in accordance with the queue and that petrol can be filled in the vehicle of the accused persons only after filling the vehicle of the lady who came there first and then the accused persons uttered obscene words against PW3 and by the time PW1