JUDGMENT

BHAGWATI, J.:—The appellant and four other accused were tried by the Sessions Judge, Tirunelveli on various offences on the allegation that they formed an unlawful assembly with the common object of causing the death of Sudalaikannu Nadar (hereinafter referred as the deceased) and in pursuance of this common object, the appellant committed the murder of the deceased by inflicting a blow with a short spear M.O. 1, commonly used for killing rats. The learned Sessions Judge acquitted the appellant as well as the four accused, but, on appeal by the State, their acquittal was reversed and the appellant was convicted for the offence under Section 302 and sentenced to suffer imprisonment for life, while, out of the other four accused, accused No.2 was convicted of the offence under Section 147 and sentenced to pay a 1134 fine of Rs.100/-, or in default of payment of fine, to suffer simple imprisonment for one month and accused Nos. 3 to 5 were convicted of the offence under Section 148 and each of them were sentenced to pay a fine of Rs.150/- or in default to suffer simple imprisonment for six weeks. Since the acquittal of the appellant was reversed and he was convicted and sente