Judgment

BEG, J.:- The appellant was charged with offences punishable under Sections 302, 307 and 324 Indian Penal Code in the Court of Additional Sessions Judge of Parur in Kerala. It was alleged that his younger brother Ouso John had instituted a suit against the appellant for a share in some property managed by the appellant. His father, the murdered man, was trying to bring about a compromise. The appellant felt that his father and brothers were taking the side of Ouso John. Hence, he had a grudge against them. It appears that the appellant was living with his parents and his brothers Antony, P.W. 1 and Alphonso P.W. 2, in the same house a Kunnapilli Veedu in Cheranallor Village. Adjoining this house was the tea shop of Antony and Alphonso. The appellant had a tea shop elsewhere. On 26-2-1969, at about 9 p.m., the appellant started abusing his father and brothers as was his habit. The mother tried unsuccessfully to pacify him. It appears that Antony, P.W. 1, took her away so as to give the two brothers their food. After that Antony and Alphonso went to their tea shop and were taking accounts for the day. The father also came there. They heard a knock at the door of the shop. The