Pareed Pillay, J.

First accused (A-1) In S.C. 98 of 1987 of the III Additional Sessions Court, Ernakulam is the appellant in Q1.A355 of 1988. Crl. A. 247 of 1989 is filed by the State against the acquittal of-the second accused (A-2) by the Sessions Judge.

2. Prosecution case is that A-1 to A-2 in furtherance of their common intention made entry into the but where Avarachan alias Thankappan (deceased) was sleeping and caused his death on 26-4-1981 at about 2 p.m. According to the prosecution, A-1 stabbed Thankappan twice with M.O.1 knife and A-2 gagged Thankappan's mouth and nose. Motive for the crime is stated to be on account of the hostility entertained by A-1 and A-2 towards Thankappan as he had assaulted their father Paily. Thankappan was first taken to the Government Hospital, Kumbalangi in an autorikshaw by P.W.1 and others. On the advice of Dr. Varghese the injured was taken to the Government Hospital. Palluruthy. P.W.12, doctor examined Thankappan and pronounced him dead. That was at about 3.3Q p.m. P. W.1 lodged Ext. P-1 first information statement at Kannamaly Police station. P.W.11 Sub Inspector recorded Ext. P-1. P. W13. doctor conducted autopsy and issued Ex