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 brothers. They had separated and divided the properties between them. The eldest brother was Krishnaswami Goundar and next was Padathi Goundar. Krishnaswamis son was one Govindaswamy who had three sons, the eldest being the appellant Saravanabhavan. Padathi Goundar lias three sons and his youngest son is one Sennimalai Goundar.

(3) PERAMIA Goundar was a rich man and was in possession of lands and cash. Four of five years before his death, he kept Swaranam as his concubine. Swaranam was living in his house and had brought her mother Meenakshi Ammal to live with her. Swarnam had a brother, Balasubramaniain (P. W. 20). Peramia Goundar had taken a great interest in Balasubramaniam and had put him in the timber depot of his son-in-law Marimuthu to learn the trade and had given Marimuthu a loan of Rs. 5,000.00. Peramia Goundar had executed a will on 26/03/1947 (Ex. P-8) by which le had bequeathed his properties in favour of his three daughters and Sennimalai Goundar. He had gifted already 40 acres of land to Sennimalai Coundar. Peramia revoked the first will and executed another registered will Ex P- 9/09/1960. Under tills will, the legatees were the three daughters, Swarnam, Saravanabhavan (appellant) and his wife Govindamal. Peramia took back the lands he had given to Sennimalai Goundar and recovered the loan from Marimuthu. He then began arranging for a timber depot for Swarijams brother. Swarnam tried to arrange a marriage of her brother with Govindammals younger sister but could not bring it off as Saravanabhavan was against this marriage. After this, Swaranam induced Peramia to send away Saravanabhavan and his wife from his house. Swaranam next arranged a match with the daughter of one Muthu Goundar but Saravanabhavan told Muthu Goundar that Balasubramaniam was a spend-thrift and came from a bad family. This broke off the match and Muthu Goundar told Peramia what Saravanabhavan had told him. When this match was broken off, Peramia was angry and he began to say that he would revoke the will in which Saravanabhavan and Govindammal were legatees. There is evidence to show that on the date of the occurrence Peramia scolded Saravarabhavan and told him that he (Peramia) would revoke the will. He went to Dharampuram and told Balasubramaniam what had taken place between him and Saivanabhavan. Peramias statement was, of course, provable as a transaction resulting in his death. The same night, these three murders took place.

(4) ON 12/01/1964. Palaniammal (P. W. 9) a domestic servant of Peramia went to his residence as usual in the morning. She found the western door of the house bolted from inside and tapped on the door; there was no answer. She then went to the northern door and found it ajar. Entering the house, she got the shock of her life w