1. The accused who were convicted for offerees punishable under S.302 and 324 IPC read with S.34 IPC by the Court of Sessions, Trivandrum, in Sessions Case No. 45 of 1984, are the appellants. The learned Sessions Judge sentenced accused 1 to 3 to undergo imprisonment for life under S.302 read with S.34 IPC and the 4th accused to undergo rigorous imprisonment for 18 months under S.324 read with S.34 IPC. Even though the learned Sessions Judge found that the 4th accused was also guilty of the offence punishable under S.302 read with S.34 IPC no sentence was passed against him on the ground that evidence was wanting to hold that he had committed any overt act in respect of the two deceased, Sebastian Pillai and Yagappan.

2. Crl. Appeal 513 of 1987 was filed by the State against the omission to pass sentence on the 4th accused, though the lower court found that he was guilty of offence punishable under S.302 I.P.C. read with S.34 I.P.C.

2. The prosecution case may be summarised as follows:

The first accused was residing in a house towards the east of the house of Mary Stella, daughter of deceased Sebastian Pillai and P.W.1. P.W.1 and deceased Sebastian Pillai were residing in