JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against a judgment, dated July 28, 1972, of the High Court of Kerala, whereby the appellants conviction under Section 299 (1) (Section 304?), Penal Code was converted into one under Section 302, Penal Code, with a sentence of imprisonment for life. The facts of the prosecution case, as found by the Court below, are as under :

2. Shahul Hameed, the appellant herein, was a Class IV employee in the Accountant Generals Office, Trivandrum. Vijayachandran, the deceased who had studied upto the predegree course, was residing at Pettah, about 2 or 3 miles away from the city of Trivandrum. Mohanchandran (P. W. 1), the brother of the deceased, was studying for the B.Sc. degree course, at the relevant time.

3. On March 5, 1970, the appellant who was original accused 1, and one Perumal who was original accused 2, gave a beating to Ramchandran, and Suseelan, friends of the deceased. After that beating, both the assailants were waiting for a bus at the Statue Bus Stop near the University College. The deceased and his brother, P. W. 1, came to the bus stop, where they learnt from their friends about their beating. The deceased then sl