This appeal is filed by accused Nos. 1 and 4 in S.C. No. 357 of 2005 on the file of the III Additional Sessions Judge, (Adhoc) Fast Track Court No.I, Thrissur challenging the conviction and the sentence passed against them for the offence under Section 307 r/w 34 IPC .

2. The prosecution case is that the accused persons, 4 in number, in furtherance of their common intention to cause the death of PW9, wrongfully restrained PW9 near Njalikkulam temple at Vellayani on 16.4.2003 at about 8.30 a.m. and accused Nos. 1, 2 and 4 beat PW9 with iron pipe on his head and legs and thereby, caused grievous hurt sufficient in the ordinary course of nature to cause his death and they are thereby alleged to have committed the offence as aforesaid.

3. After commital and appearance of the accused persons before the trial court, charge was framed for the offence under Sections 341, 324, 326 and 307 r/w 34 IPC and when the charge was read over and explained to the accused persons, they pleaded not guilty. From the side of the prosecution, PWs 1 to 12 were examined and Exhibits P1 to P13 and MOs 1 and 2 were marked. No evidence was adduced from the side of the defence.

4. After hearing both s