JUDGMENT

K Jayachandra Reddy, J. - In Sessions Case No. 35 of 1987 on the file of the IIIrd Additional Sessions Judge, Ernakulam, four accused were tried for offences punishable under Sections 120-B, 323, 326, 302 and 201 I.P.C. The trial court acquitted A-4 and convicted A-1 under Section 120-B read with 302 I.P.C. and also convicted A-2 and A-3 under Sections 302 read with 120-B I.P.C. and sentenced each of them to undergo imprisonment for life. On appeal, the High Court acquitted A-3 but confirmed the convictions and sentences of A-1, P. K. Narayanan and A-2, V.V. Salim @ Sasi. Hence, A-1 has filed Criminal Appeal No. 315/90 and A-2 has filed Criminal Appeal No. 316/90 in this Court. The prosecution case is as follows:

2. A-1 is the owner and proprietor of Polakulath Tourist Home at Palarivattom, Ernakulam and two such other tourist homes in other places in addition to being an abkari contractor. V.V. Salim @ Sasi, A-2 was his driver and personal body-guard. A-3 was a room boy in the tourist home and A-4 was the Manager of A-1. The deceased Peethambaran was in employment of A-1 since June, 1992. He was an honest youngman and was a faithful and trusted employee. He was also a pe