Narayana Pillai, J.-These appeals and reference arise out of Sessions Case No. 15 of 1971 at the Sessions, Kottayam. Ten accused persons were tried there, the charge against them being under sections 302, 324, 143, 148 and 149 of the Indian Penal Code. The Additional Sessions Judge, who tried the case, convicted accused one to five under section 302 of the Indian Penal Code and sentenced them to death. He also convicted them under section 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year. He directed the sentence of imprisonment not to be given effect to if the sentence of death was confirmed by this Court. He acquitted accused six to ten. While Criminal Appeal No. 166 of 1971 is by first and second accused, Criminal Appeal No. 167 of 1971 is by the fourth accused, Criminal Appeal No. 168 of 1971 is by the third and fifth accused and Criminal Appeal No. 251 of 1971 is by the State against the acquittal of accused six to ten. The reference is for confirmation of the sentence of death. The charge is that the accused were members of an unlawful assembly and that in prosecution of the common object of that assembly they murdered one Kuruvilla

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