JUDGMENT :

P.B.Suresh Kumar, J.

The above Death Sentence Reference and the Criminal Appeals arise from S.C.No.528 of 2011 on the files of the Court of the Additional Sessions Judge-III, Alappuzha. There are altogether six accused in the case and among them, accused 1 to 5 stand convicted for offences punishable under Sections 143 , 147, 148, 323, 324, 427, 449 and 302 read with Sections 149 and 120B of the INDIAN PENAL CODE (IPC) and the sixth accused stands convicted for the said offences, except the offence punishable under Section 148 IPC. Accused 1 to 5 are sentenced, among others, for imprisonment for life and the sixth accused is sentenced, among others, to death. DSR is the proceedings initiated by this Court for confirmation of the death sentence of the sixth accused and the Criminal Appeals are preferred by the accused challenging their conviction and sentence in the case. Among the appeals, Crl.A.No.791 of 2018 is preferred by accused 1 to 4, Crl.A.No.648 of 2018 is preferred by the fifth accused and Crl.A.No.836 of 2018 is preferred by the sixth accused.

2. An occurrence took place on 29.11.2009 in which one Divakaran died and two others injured, is the subject matter of th