Thomas, J.

Three masked burglars sneaked into a dwelling house at midnight, e; mini lied burglary and killed the housewife, stabbed her daughter-in-law and ran away with the booty. Police charge-sheeted three persons for the above, though only two of them could be nabbed since the third one who disappeared from the locality is still absconding. After trial, Sessions Judge convicted those two persons of burglary (S.457 I.P.G.) and robbery (S.394 I.P.C.) but acquitted them of murder. While awarding sentence the Sessions judge did not take into account the limitation provided in S.397of the Penal Code regarding the minimum term and hence each of them was sentenced to undergo rigorous imprisonment for three years and five years respectively on the two counts.

2. State of Kerala has filed one of the appeals challenging the order of acquittal of the offence of murder. The convicted persons filed the other appeal challenging the conviction and sentence. They will be referred to as the appellants in this judgment.

3. Girija (PW-l) is the daughter-in-law of the deceased Sarojiniamma. Girija and her husband (PW-2) as well as Sarojiniamma were residing in the same house. On the night