BHAT, J.

Of the three accused in Sessions Case No. 2/1982 on the file of the Additional Sessions Judge, Parur, accused 1 and 2 were acquitted of the charge under Section 380, IPC and the third accused was acquitted of all the charges. Accused 1 and 2 were convicted under Sections 302, 307 and 460, IPC read with Section 34, IPC and sentenced to undergo rigorous imprisonment for life under Section 302 IPC, R.I. for five years under Section 307, IPC and R.I. for seven years under Section 460, IPC., the sentences having been directed to run concurrently. Accused 1 and 2 have preferred Crl. Appeals 28/1983 and 81/1983 while the State has preferred Crl. Appeal 184/1983 challenging the acquittal of the third accused and Crl. Appeal 205/1983 challenging the acquittal of accused 1 and 2 in regard to charge under Section 380, IPC read with Section 34, IPC.

2. Since 1970, P.W. 2 along with his wife, now deceased Lissy, and children, P.Ws. 1 and 3 have been living in the house at Palissery. On the night of 19-5-1981, after supper, they went to bed. P.W. 2 and Lissy slept on two separate cots in the room on the southern side while P.Ws. 1 and 3 slept in the room on the northern side