Ramachandran, J.

Sessions Case No.97/01 on the file of the Additional Sessions Judge (Adhoc-I), Thalasserry, arose from Crime No.256/99 registered before the Panoor Police Station of Kannur District. By judgment dated 11-33-2004, the Sessions Judge had convicted all the five accused persons. Accused 1 to 5 were found guilty of forming an unlawful assembly arm3ed with deadly weapons with the common object of committing murder of deceased Pulinholikiuniyil Balan. They were found guilty of offence punishable under section 143 of the Indian Penal code. Finding that essential ingredients of section 147 also have been established by the prosecution as against them, they were found guilty under section 147 of the Indian Penal Code. Accused 1 to 3 were found guilty under section 148 of the IPC, but accused 4 and 5 were acquitted of the said allegations. Accused 1 to 3 were also found guilty of trespass leading to committing an offence punishable under section 449 of the IPC. The accused were not found guilty of having committed offence charged against them under section 120(B) read with sect8ion 149 IPC. As it was found that accused 4 and 5 have shared common object of committin