( 1 ) THIS appeal arises out of a proceeding which commenced in August, 1950 and which has, in the course of its progress from stage to stage, suffered certain vicissitudes.

( 2 ) THE proceeding had its origin in an incident which occurred on 11-8-1950 and involved the death of one Col. S. C. Mitra. In connection with that incident, the two appellants before us, Sunil Chandra Roy and Satyendra Chandra Boy, who are brothers, were sent up for trial along with a third brother named Amalesh Chandra Roy. Sunil was charged under Section 302, Penal Code for the murder of Col. Mitra and further charged under Section 323 of the same Code for causing simple hurt to Mrs. Sati Mitra, a daughter-in-law of the deceased Colonel. Satyendra was charged jointly with Amalesh under Section 323, I. P. C. for causing simple hurt to Nirmal Kumar Mitra, a son of Colonel Mitra. All the three were further charged under Section 447, I. P. C. for criminal trespass into premises No. 18, Bondel Road, Calcutta, the residence of Nirmal, where the incident was alleged to have taken place.

( 3 ) AFTER the usual preliminary enquiry, the three accused persons were committed for trial to the Cou