Judgment

MAHAJAN, C.J.I. : The incident with which we are concerned in this appeal by special leave, took place at 4-30 P. M. on the 31st October 1952 in Meladi Desam (Malabar) in the house of P. W. 1, Mr. P. Achuthan, a vakil of 27 years standing. The murdered man was his clerk, Kolangarakandi Kannan, who belonged to the Thiyya community, and who was a prominent person in the social circles of that community. He was taking keen interest on behalf of the Hindus and was disliked by the Moplas between whom and the Thiyyas there was considerable communal tension during that period.

2. The prosecution case is that on account of his active interest on behalf of the Hindu community the Moplas wanted to put an end to his life. A riotous mob had collected that day shortly before the incident at the railway station and within half an hour of the dispersal of the mob, it is said that the present appellants along with accused 3 to 7 proceeded to the house of the vakil and rushing into the room where Kannan was taking refuge, they inflicted serious stab injuries on Kannan which brought about his death. Accused 4 and 5 held Kannan by the hands while accused 3, 6, 7 held his legs at the time of s