Judgment

BEG, J. :- We propose to decide the two criminal appeals before us by special leave by a common judgment. The only question which arises for consideration is whether the sentence of death imposed upon the appellant in each case is appropriate or deserved. Special leave was granted in each of the two appeals solely on the question of propriety of sentences awarded. It is urged before us that the lesser penalty of life imprisonment was enough, in the circumstances of each of the two cases, to meet the end of the justice.

2. The first case before us is of Francis alias Ponnan v. State of Kerala, where the facts were : The murdered man. Pappachan, with some others had attacked Pandoth Joseph, P. W. 3, the brother of the appellant on 28-11-1971, and P. P. George, P. W. 4 the brother-in-law of the appellant, on 23-12-1971, at about 10 p.m. On each occasion, a F.I.R. was lodged and the injured had to be sent to Hospital. In the second incident, George, P. W. 4, the brother-in-law of the appellant was so badly injured that he had to remain in Hospital for 17 days. Close upon the heels of this attack at about 10 p.m. on 23-12-1971, upon the brother-in-law of the appellant, came the i