JUDGMENT :

A. BADHARUDEEN, J.

1. Conviction and sentence in S.C.No.390/2001 on the files of the Additional Sessions Court (Fast Track-I), Alappuzha imposed as per judgment dated 27.05.2006 are under challenge in this appeal, filed at the instance of accused Nos.1, 3 and 5 in the above case. State of Kerala is the respondent herein.

2. Heard the learned counsel for the appellants as well as the learned Public Prosecutor appearing for the State of Kerala. Perused the verdict under challenge and the trail court records.

3. Since this is a case where two political parties are involved, they will be referred as rival political parties hereafter. Similarly the parties in the appeal will be referred as `prosecution’ and `accused’ for brevity and convenience.

4. The prosecution case is that the accused persons arrayed in the final report committed the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 r/w 149 of the Indian Penal Code (`IPC’ for short).

5. The case of the prosecution is that at about 9.15 p.m on 13-6-2000, on Kainady- Era Public road in ward No.1 of Neelameroor Panchayat the accused persons out of their political enmity towards 28 year old Madhusoodha