JUDGMENT

M.K. Mukherjee, J.-Bhaskaran and Manoharan @ Babu, the appellants before us, were placed on trial before an Additional Sessions Judge of Quilon to answer a charge under Section 302/34 I.P.C. The allegation against them was that on July 18, 1987 at or about 9 P.M. they, in furtherance of their common intention, committed the murder of Gopal Krishna Pillai @ Babu Pillai of village Valakam by stabbing him with knives. The trial ended in their acquittal but in appeal preferred by the State of Kerala, the High Court upset their acquittal and convicted and sentenced them under Section 302/34 I.P.C. They have now filed these two separate appeals under Section 379 Cr.P.C. which have been heard together and this judgment will dispose of them.

2. According to the prosecution case on the fateful evening the appellant had a heated argument with the deceased in front of a tea shop but owing to the intervention of and advice given by one Bhaskaran Pillai (P.W.6) they left the place. Sometime later the two appellants followed the deceased and when he was proceeding along the ridge of a field they stabbed him with knives and fled away. A little later the deceased succumbed to his injuries.