RASTOGI,J. - (1.) The present appeals arise out of the judgment dated 16th November, 2007 passed by the High Court of Kerala in Criminal Appeals convicting the accused appellants(accused no. 1 and accused no. 3) for offence under Section 302 read with Section 34 IPC and also under Section 324 IPC and sentenced to undergo rigorous imprisonment for life.
(2.) The accused persons faced trial for double murder of a father and son (Assainar and Abdul Rahiman) and causing grievous injuries to PW-2 Mohammed, son of deceased Assainar. That in all, 11 persons were initially charge-sheeted including appellants for offence punishable under Section 143, 148, 323, 324, 325 and 302 IPC read with Section 149 IPC. There was separate charge against accused nos. 1 and 3 for offence under Section 302 read with Section 34 IPC yet alternate charge against accused no. 3 under Section 302 IPC.
(3.) After analysing the evidence, learned trial Court convicted accused nos. 1 and 3 along with other accused persons for offence under Section 143, 148, 323, 324 read with Section 149 IPC and for 302 read with Section 149 IPC and sentenced them to rigorous imprisonment for life vide judgment dated 31st July, 2006. Accused nos. 1, 2 and 3 preferred joint appeal against the impugned judgment of the learned trial Court and the High Court of Kerala after due appraisal of the evidence on record, found all the three accused guilty and convicted them under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life vide impugned judgment dated 16th November, 2007.;