JUDGEMENT

G.Girish, J.

The judgment dated 30.11.2017 of the Additional Sessions Judge-III, Manjeri convicting and sentencing the appellants under Sections 448 , 323 and 302 I.P.C, is under challenge in this appeal. As per the above judgment, the appellants, who were accused Nos.1 and 2 were sentenced to life imprisonment and fine of Rs.50,000/- under Section 302 of the IPC , simple imprisonment for one month and fine of Rs.1,000/- each under Section 323 of the and simple imprisonment for one month and fine of Rs.1,000/- each under Section 448 of the .

2.The prosecution case is summarized as follows: The deceased Dakshinamoorthy @ Chinnayya and PW1, PW2, PW3 and CW4 were migrant workers from the State of Tamilnadu who came to the place called Moochikkal in Malappuram District for the purpose of employment. They were residing on the 3 rd floor of a building called Ayyappalli Towers in connection with their employment. The appellants and the 3rd accused, who were tippling in a vacant land along with PW12, at about 10.20 pm, on 15.04.2014, did not relish the deceased and other migrant laborers from Tamilnadu talking aloud from the open terrace of the above said building. Thereupon appe