Shaffique, J.

The appeal under consideration is preferred by appellants

who are four in number. They were charged for offences under

Sections 341 and 302 of the Indian Penal Code, 1860 (for short

'IPC') by the Court of Additional Sessions Judge (Adhoc – III) [Fast

Track Court No. III], Palakkad and found guilty for offence under

Section 302 of I.P.C. and all the accused/appellants were

individually sentenced to undergo imprisonment for life and to

pay a fine of `1,00,000/- (Rupees One Lakh only) vide judgment

dated 27/06/2013 in S.C. No.136 of 2010 arising out of Crime

No.106 of 2008 of Malampuzha Police Station. The fine amount if

realized was directed to be paid to the wife or children of the

deceased with equal right over the same.

2.

Prosecution case is as follows:

The deceased Aruchami was the Mandalam Kunnamkadu ward

President of Bharatheeya Janatha Party (for short 'BJP'). The

accused/appellants were followers of Communist Party of India

-:4:-

(Marxist) [for short 'CPI(M)]. Due to political enmity, accused nos.

1 to 4 in furtherance of their common intention to kill Aruchami,

wrongfully restrained him at 08.30 p.m. on 20/07/2008 while he

was conversing with PW2 and PW3 in front