M. HIDAYATULLAH, J. (On behalf of himself, Gajendragadkar, C.J.I. and Satyanarayana Raju,J.):

(1) THIS is an appeal by special leave against the Judgment of the High court of Madras dated 10/02/1965 in Criminal Appeals Nos. 699-761 of 1964. The appellants are two condemned prisoners under sentence of death passed on them by the Sessions Judge, Colmbator and confirmed by the High court. They have been convicted under Ss. 302/84 and 449 of the Indian Penal Code on being found guilty of the murders of one Peramia Gounder, his concubine Swarnam ana Swarnams mother Meenakshi Ammal at Kullaipalayam on the night of 11/01/1964.

(2) THE scene of the offence was the residential house of Peramia Goundar on the Dharmapuram-Kangeyam Road. Peeramia Goundar was aged 65 years at the time of his death. He lost his wife 15 years ago after she had borne him four daughters. All the daughters had been married and three were living at the time of Peramias death. The daughter, who died earlier, was married to one Marimuthu Goundar and a daughter Govendammal was born of that union. Govindammal was married to Sarvanabhavan (accused-1). Peramia Goundar was the youngest of three