Narayanan Nambiar, J.

Chandran, son of Sanku who was tried in Sessions Case No. 4 of 1992 by the Court of Session, Palakkad Division for an offence punishable under Section 302 I.P.C. was convicted under Section 323 I.P.C. and sentenced to undergo rigorous imprisonment for a period of 3 months. The conviction and sentence are challenged by the accused in Criminal Appeal No. 589 of 1992. The State preferred Criminal Appeal No. 419 of 1993 and sought conviction of the accused under Section 302 I.P.C. At the time of admission of Criminal Appeal No. 589 of 1992, Crl.R.C. No. 81 of 1992 was ordered to be registered and notice was issued to the accused to show cause why he should not be convicted as charged and why the sentence imposed on him should not be enhanced. All the three cases are heard by us together.

2. According to the prosecution, the accused Chandran obtained Rs. 200/-from deceased Muralikrishnan on the basis of a promissory note. As the amount was not repaid, Muralikrishnan instituted a suit in the Munsiff's Court, Chittur as S.C.No. 8 of 1988. The case was posted to 1.12.1989 on which day Muralikrishnan, PW.1 (the scribe who prepared the promissory note) and PW.