ORDER

1. THE ABOVE APPEAL HAS BEEN FILED BY ACCUSED 1 IN SESSIONS CASE NO. 60 OF 1989 ON THE FILE OF THE LEARNED SESSIONS JUDGE WHO ALONG WITH ACCUSED 2 STOOD CHARGED RESPECTIVELY FOR OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 326 OF THE INDIAN PENAL CODE. ACCUSED 1 WAS CHARGED FOR HAVING CAUSED THE DEATH OF ONE MUNIYANDI AND ACCUSED 2 WAS CHARGED FOR HAVING CAUSED GRIEVOUS HURT WITH A SHARP STICK. THE CASE OF THE PROSECUTION, AS PROJECTED B THROUGH EVIDENCE LET IN, WAS THAT THE DECEASED WHO WAS ON AN ERRAND FOR RAT HUNTING WAS INTERCEPTED BY ACCUSED 1 AND 2, ACCORDING TO WHOM THE DECEASED ATTEMPTED TO STEAL COCONUT FROM THE GARDEN OF WHICH A-1 WAS A WATCHMAN. IN THE PROCESS THEY INFLICTED INJURIES AND THE INJURY INFLICTED BY A-1 ON THE DECEASED ULTIMATELY PROVED TO BE FATAL. ON A REPORT BEING LODGED AND AFTER COMPLETING THE INVESTIGATION AND HAVING GOT THE DEAD BODY EXAMINED BY THE DOCTOR WHO CONDUCTED THE POST-MORTEM EXAMINATION, THE CHARGE, AS NOTICED ABOVE, WAS RAISED AGAINST THE ACCUSED. THE ACCUSED DENIED THE CHARGES RESULTING IN THE TRIAL OF THE CASE IN WHICH 13 WITNESSES WERE EXAMINED FOR THE PROSECUTION AND 15 DOCUMENTS WERE SAID TO HAVE BEEN MARKED. ON A CONSIDERATION OF