J U D G M E N T

C.S.SUDHA, J.

In this appeal filed under Section 383 Cr.P.C., the first accused (Alex) in S.C.No.110/2011 on the file of the Court of Session, Thrissur, challenges the conviction entered and sentence passed against him for the offence punishable under Section 302 read with Section 34 IPC .

2. The prosecution case as described in the final report/charge sheet is that-Suresh, son of CW1, had questioned the conduct of the first accused (Alex) and his accomplices/friends harassing women and people of the locality under the influence of alcohol and ganja. Due to this enemity, A1(Alex), A2(Sanoop) along with two children in conflict with law (CCL), namely, Joy and Sachin, in furtherance of their common intention, on 21/03/2010 at 19.15 hrs attacked Suresh by beating and fisting him as well as stabbing him with a knife, resulting in his death. Hence the accused are alleged to have committed the offence punishable under the above-

mentioned Sections.

3. On the basis of Ext.P2 FIS given by CW1, PW9, the then Sub Inspector, Anthikkad Police Station, registered Ext.P8 FIR, i.e., Crime No.223/2010 for the offence punishable under Section 302 read with Section 34 IPC . PW11, the th