Judgement

BOSE, J. : The appellant Raghavan has been convicted under S. 302, Indian Penal Code, for murdering one Ayyappan and has been sentenced to death. His younger brother Bhaskaran was also charged but was convicted under S. 324, Indian Penal Code, and sentenced to two years. We are not concerned with him here.

2. There are six eye-witnesses to the murder, all of whom have been believed by both the Courts. We decline to go behind this evidence and so will proceed at once to assess the case on the basis of the facts found. They are as follows :

3. Litigation was in progress between the appellant and his grandmother Parvathi Amma. The latter sued the appellant and his brother for partition and separate possession of her share in her son s estate, the son being the father of the appellant and his two brothers (one of whom does not figure in this case).

4. During the course of proceedings the grandmother Parvathi Amma assigned her interest to her daughter Parvathy Lakshmi Amma (P. W. 10). This Parvathi (P. W. 10) is the widow of the deceased Ayyappan.

5. After notice to the parties, Balkrishna Pillai (P. W. 5) and Thomas Kuriyan (P. W. 6), the Commissioners appointed to effect the part