PASAYAT, C.J.

These two appeals are inter-linked being directed against the judgment of learned Sessions Judge, Kottayam in SC 32 of 1996. While appellant in Crl. A. 49 of 1999 (hereinafter referred to as 'accused Rajan') has been convicted for offences punishable under Sections 302 and 201 of Indian Penal Code, 1860 (in short 'IPC'), appellant in Crl. A. 1062 of 1998 (hereinafter referred to as 'accused Biju') has been convicted for offence punishable under Section 201, I.P.C. read with section 34, I.P.C. Former has been sentenced to undergo imprisonment for life for offence punishable under Section 302, I.P.C. and a further sentence of five years for the other offence; while latter was sentenced to undergo rigorous imprisonment for two-and-half years.

2. Accusation which led to trial and conviction of accused persons are essentially as follows :

Sarala (hereinafter referred to as 'deceased') was living with first accused (Rajan) in his house at Karamala. She was the sister of Radhakrishnan Nair (P.W. 1). Second accused (Biju) is a close friend of Rajan. Both accused Rajan and deceased had previous marriages. Deceased had a son, Abhilash, from the first marriage. After Ab