Judgment

VAIDIALINGAM, J. :- The first accused in this appeal by special leave challenges the judgment and order dated 19-8-1971 of the High Court of Kerala confirming his conviction for an offence under Section 302, Indian Penal Code as well as the sentence of death imposed upon him for the said offence. The appellant, along with four others, was tried by the learned Sessions Judge of Trichur for an offence under Sections 302, 143 and 201 of the Indian Penal Code. The charges against the accused were that on April 13, 1970, at about 11.00 p. m. they formed themselves into an unlawful assembly with the common object of committing the murder of one Divakaran Nair and to cause disappearance of evidence punishable under Section 143 and that on the same day all of them, with the intention of committing the murder of the said Divakaran Nair, beat and fisted him and threw him in the courtyard of the house of the appellant and thereby caused his death. It is further alleged that the appellant and the second accused accused tied the hands and feet of the said Divakaran Nair and that the appellant poured poison into his mouth with the intention of causing his death and, with a view to cause