Judgment

GOVINDA MENON, J. : Before the Additional Judge of the Court of Sessions of Coimbatore Division there were four accused, of whom the first accused Subramania Goundan has now appealed to this Court against the confirmation by the High Court of Madras of the conviction and sentence by the trial Court, by which, on charges Nos. 1 and 2, he was sentenced to death, and also sentenced to rigorous imprisonment for two years on charge No. 3. Special leave to appeal was granted by order of this Court, dated the 6th of May, 1957. Along with the appellant were tried three others, of whom the second accused (Marappa Goundan) was his father. The third accused (Karuppa) was the grandson of the second accused s paternal uncle, while the fourth accused (Iyyavu) was an agnate in the fourth degree of the second accused. It is thus seen that all the accused were related to each other.

2. The learned Sessions Judge framed four charges of which the first was against the appellant, that he on June 6, 1956, at night in the village of Vengakalpalayam, committed the murder of Marappa Goundan by cutting him with an aruval; while the second charge was that at about the same time and place and in the c