JUDGMENT

Nanavati, J.-The appellants, four in number, were tried in the Court of the Additional Sessions Judge, Parur, in Sessions Case No. 7 of 1981, for committing murders of Merli and her two little children. The Sessions Court acquitted them but on an appeal by the State the Kerala High Court set aside their acquittal and convicted them under Section 120-B(1) and Section 302 read with Section 34 IPC. Accused No. 2, Karthikeyan was also convicted under Section 411 IPC. They have, therefore, filed this appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

2. Tomy and his brother Francis were doing business in partnership at Alwaye. They first started a piece-goods business under the name Rani Silk House and then another one named Maharani Textiles . In 1969, they started a third business initially under the name Rani Umbrella Mart which was later on changed to Rani Cut Piece Centre . Besides Tomy and Francis, Merli, (deceased) and Josephine (PW26) were the other partners. After the death of Francis in 1975, Ammini (A1) was inducted as a partner in the first two firms; but she was not allowed to join the third firm as Franc