( 1 ) THE appellant, Charku Sathiah, who figured as the 1st accused in the court below, was tried along with one Deverpalli Ramaiah, who figured as the 2nd accused, on a charge under Section 302 read with Section 34 I. P. C. which was framed in the following terms :"that you the said Cheruku Satliiah along with. Deverpalli Ramaiah on the 21st day of September 1957, at 5 P. M. with the common intention to do away with Deverpalli Malliah as there was longstanding land dispute between Deverpalli Ramaiah and Malliah, administered poison to Deverpalli Malliah mixed with sugar, saying that it is prasad, as a result Malliali died in the hospital at Ramannapet after 15 days, and that you have thereby committed an offence punishable under Section 302 read with Section 34 I. P. C. and within the cognizance of this Court. And I hereby direct that you be tried by this Court on the said charge. "

( 2 ) A similar charge was framed against the 2nd accused. The learned Sessions Judge has acquitted the 2nd accused and convicted the appellant of an offence under Section 302 I. P. C. and sentenced him to imprisonment for life. The result of the finding of the learned Sessions Judge is th