Judgment

BHAGWATI, J.:- The appellant, who was accused No. 1, was tried along with accused No. 2 by the Sessions court, Kottayam, for offences under Sections 302 and 326 read with Section 34, Indian Penal Code on the allegation that in pursuance of the common intention of both, the appellant caused the death of one Thomas by inflicting on him three injuries with a malappuram knife, M. O. 1 and the second accused caused grievous hurt to one Mathew, P. W. 2 by inflicting two injuries on him with a similar knife, M. O. 2, on the mid night between 8th/9th March, 1970. The Sessions Court acquitted the appellant and the second accused but, on appeal by the State, the High Court found that the prosecution case was established beyond reasonable doubt and it accordingly convicted the appellant of the offence under Section 302 of the Indian penal Code for intentionally causing the death of Thomas and accused No. 2 of the offence under Section 326, Indian Penal Code for causing grievous hurt to Mathew P. W. 2. The appellant being aggrieved by the reversal of his acquittal preferred the present appeal in virtue of the right conferred upon him under Section 2 (a) of the SC (Enlargement of Crimin