Criminal Appeal No.497 of 2001 has been filed by the 1st accused and 5th accused, Criminal Appeal No.497 of 2002 has been filed by the 4th accused and Criminal Appeal No.1699 of 2002 has been filed by the 3rd accused against the judgment dated 19.4.2001 rendered by the Court of Assistant Sessions Judge, Octocamund in S.C.No.4 of 2000.

2. For the sake of convenience and for easy reference C.A.No.497 of 2001, C.A.No.38 of 2002 and C.A.No.1699 of 2002 are hereinafter referred to as first, second and third C.As. respectively. So far as all the above Criminal Appeals are concerned, since the case of the prosecution and the judgment rendered by the lower Court being one and the same, all the above Criminal Appeals are heard together and decided by this common judgment.

3. Tracing the history of the case as projected by the prosecution before the trial court, it comes to be known that the respondent herein in all the above Criminal Appeals has laid the charge-sheet against the appellants and another Sundar, who was arrayed as the 2nd accused before the trial Court, on two specific charges, the first one being, that on 23.5.1999 at about 11.30 P.M. accused 1 to 5 joining hands wi