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 committing murder of the deceased person along with A1 to A3, they are found guilty under section 302 read with section 149 of the Indian Penala Code. They were not found guilty under section 27 of the Arms Act. As a result, taking notice of the circumstance that accused were also accused (excepting A4) in various criminal offences and finding the antecedents, and their adopted life style of crime, the Court was of opinion that all of them deserve punishment warranted under sections 302, 143, 147, 148 and 449 of the Indian Penal Code. Accordingly they were sentenced to imprisonment for life with a fine of Rs.5,000/- each. Although they had been sentenced with lesser punishments on other different counts, sentences were to run concurrently. All the five appellants have joined together I filing the present appeal, under section 374(2) of the Code of Criminal Procedure.

2. Balan, who is the deceased, had his residence at Panoor, and during December, 1999, he had the company of 4 persons from Alappuzha, who were his paying guests. Other members of his family were residing away, along with his mother-in-law. He was the Mandalam Treasurer of the BJP a political party. The prosecution case was that at 5.30 p.m. on 02-12-1999 Sri. Balan was attached by the accused with axe and choppers resulting in his untimely death. Hearing about the commotion, persons including PW1 and PW5 had come to his residence and they had taken steps for hospitalization through police help. It was a day of Harthal called by the BJP to protest the murder of one of their leaders, on the previous day. It appears that other attacks were also there, and the district Magistrate had issued prohibitory orders under section 144 of the Code of Criminal Procedure. The place was screwn with over one thousand police personnel.

3. Getting information from the hospital about the death of Balan, though he had come across with the brutality earlier, PW1, had given First Information Statement at Panoor Police Station at 7.30 p.m. First Information Report had been recorded thereon. The inquest was completed on 30-12-1999 and a scene mahazar is also seen prepared. The Crime Branch (CID) had been directed by the Government to take over the investigation and the charge had been laid on the basis of the report submitted by them, which led to the trial.

4. The first Information Statement did not specify the assailants; but names them as persons belonging to the communist Party of India (Marxist). On 24-01-2000 Ext.P15 report had been submitted, whereunder for the first time the names of the first and second accused were shown as persons who were responsible for the murder and they had been arrested on 25-01-2000. Accused 3, 4 and 5 were arrested on 23-02-2000 on the basis of Ext.P19 report of the same date submitted