1Accused 1 to 3 in Sessions Case No. 77 of 1981 of the Court of Session, Trichur are the appellants in this Criminal Appeal. The Court of Session convicted accused Nos. 1 and 2 under S.302 I.P.C. and under S.302 read with S.34 I.P.C. and sentenced them to undergo life imprisonment. All the accused were also convicted for the offence under S.448 I.P.C. and under S.448 read with S.34 I.P.C. Accused Nos. 1 and 2 were awarded life imprisonment for the offence under S.302 I.P.C. All the accused were awarded simple imprisonment for 3 months for the offence under S.448 I.P.C. read with S.34 I.P.C. There was also a direction that as far as accused 1 and 2 concerned the sentences awarded under S.448 I.P.C. will run concurrently with the life imprisonment.

2 The prosecution case in short is as follows: On the night of 17-3-1981 at about 9.30 p.m. the deceased Jose and PWs 1, 4, 5, 6 and 7, the other members of the household were offering prayers. They were living at a place called Pattithadam at Pazhanji. The deceased Jose was sitting on a bench on the front verandah of the house and offering prayers while the others were inside the house. While they were praying, 7 people came there and they