JUDGMENT :

Johnson John, J.

The appellants, who are accused Nos. 2, 1 and 3 respectively in S.C. No. 560 of 2012 of the Additional Sessions Judge-VII, Ernakulam, have filed the above appeals challenging the conviction and sentence imposed on them for the offences under Sections 302 and 394 r/w Section 34 of IPC as per the impugned judgment dated 21.06.2016.

2. The prosecution case is that the deceased Sasidharan alias Sasi was the driver of a tourist taxi car bearing registration No.KL-17/A-7750 owned by PW1 and on the morning of 22.09.2008, he left his home with the taxi car as usual to the taxi stand near KSRTC bus stand, Muvattupuzha and has not returned to his house on that night and on the next day, when the owner of the vehicle attempted to contact him through phone, the reply was that ‘the phone is switched off’ and when the deceased failed to return even on 24.09.2008, PW1, the owner of the vehicle, has given Exhibit P1, First Information Statement, in Muvattupuzha Police Station and accordingly, PW48, Sub Inspector of Muvattupuzha Police Station, registered Crime No. 1223 of 2008 of Muvattupuzha Police Station for ‘man missing’ and thereafter, PW53, the then Circle Inspector