JUDGMENT

Shaffique, J.

These appeals are filed by accused 3 and 2 respectively in S.C.No.179/2010 of V^th Additional Sessions Judge, Ernakulam.

2. The appellants were convicted by the trial Court for offence under Sections 392, 394, 397, 398 and 302 r/w section 34 of the I.P.C. They are sentenced to undergo rigorous imprisonment for 10 years and to pay fine of `10,000/- each under Section 394 of the I.P.C., in default of payment of fine to undergo simple imprisonment for six months each. They are also sentenced to undergo imprisonment for life and to pay a fine of `50,000/- each under Section 302 read with Section 34 I.P.C., in default of payment of fine to undergo simple imprisonment for two years each. Separate sentence is not awarded for the offence under Sections 392, 397 and 398 read with Section 34 of the I.P.C.

3. The prosecution alleged that accused 2 and 3 along with the juvenile (A1) caused the death of Midhun on 23.4.2009 at 11.15 pm. The allegation is that A1 to A3 came in a motor bike through the Vypin-Munambam State highway. A1 was armed with a steel knife and A3 was armed with a steel pipe. Midhun was walking through the Vypin-Munambam State highway and when he reached Ko