Judgment

G.N. RAY, J.- This appeal is directed against the judgment dated March 25, 1983 passed by the Division Bench of Kerala High Court disposing of Criminal Appeal No. 37 of 1981 and Criminal Revision Petition No. 32 of 1981. Both the said appeals and the revision case arose out of the judgment dated September 16, 1980 passed by the learned Additional Sessions Judge, Kottayam in Sessions Case No. 37 of 1980. By the said judgment, the learned Additional Sessions Judge acquitted both the accused appellants from a charge under Sections 447, 307, 302 and 34 IPC. The State of Kerala preferred the said Criminal Appeal No. 37 of 1981 against the judgment of acquittal and the complainant also moved a revision petition against the said judgment being Criminal Revision No. 32 of 1981. The High Court allowed the said criminal appeal and convicted both the accused appellants under Section 302 IPC and convicted each of them to suffer rigorous imprisonment for life. In view of the said decision rendered in the appeal, the criminal revision case was disposed of without passing any order. The short facts of the prosecution case are inter alia that 26th January was St. Sebastians day which was celebrated with jubilation in the locality. PW 1 Poulose, belonged to Vayala near Koodalloor but later on shifted to Trichur after selling his land and winding up his affairs in Vayala. He also came to the said locality on January 26, 1980. The deceased, Varkey had put up an enclosure on the road with an icon of St. Sebastian. The said Varkey and the other deceased Chacko together with PW 1 had been to the church in the evening. Varkey asked the accused 1, Kuriakose, to pay contribution for the said enclosure put up by Varkey at about 8.00 p.m. on January 26, 1980. He refused to pay such contribution and made some remarks on which there was an altercation between Varkey and the said accused 1. It is alleged that accused 1 assaulted Varkey on which PW 2, son of Varkey, gave one blow to accused 1. Chacko had given two kicks to the said accused. Accused 1 thereafter left the place threatening the deceased and the others.

2. The locality in which the deceased and the accused had been staying was an area intensely cultivated. The deceased Varkey and the other deceased Chacko who was his brother had lands where cultivation of tapioca and other crops used to be carried out. Beyond the fields of Varkey and Chacko to the north, accused 1 also had agricultural field having banana cultivation. The features and location of the property were exhibited in a plan Ext. A-6. The next morning, namely on January 27, 1980 Varkey and Chacko had been to the field in connection with their cultivation activities. It is the prosecution case that while they were in the field accused 1 accompanied by his son, accused 2, namely Jose Kappen went towards the field of Varkey and Chacko and they came along the property of Varkey and Chacko. Varkey protested to such moving on the property of Varkey and told the accused that there was no way along the said land. The first accused thereafter persisted in walking along that way and challenged Varkey and Chacko. Both the accused who kept knives covered in their sheaths drew them out and accused 1 stabbed Varkey 3 to 4 times. Varkey died on the spot. Accused 2 inflicted stab wounds on Chacko and he also succumbed to those injuries on the spot. PW 2, Sunny George, was then in the northern yard of the house in the company of PW 1, Poulose and Pappu. Having noticed the said murderous assault on Varkey and Chacko, PW 2 rushed towards the spot but he stumbled on a small bund and fell down. PW 3, Devaria who had been returning home after attending the service in the church heard the noise of the quarrel in the field and rushed to the spot. PW 1 and nephew of Varkey also rushed to the spot. When those persons reached the place, Varkey and Chacko were found dead. The first accused pulled PW 2 who had fallen after stumbling by his leg and the accus