P. JANAKI AMMA, J.

The nine accused in SC No. 11 of 1980 of the Court of the Additional sessions Judge, Parur, were tried for the murder of one Michale, for causing injuries to his wife and two sons and other offences. It so happened that accused 1, 6 and 7 also sustained some injuries in the course of the same transaction. The police registered Crime No. 97 of 1979 on the basis of the information given by PW-1, one of the injured sons of Machael, and Crime No. 99 of 1979 on the basis of the statement of the sixth accused. After investigation a charge-sheet was presented in respect of Crime No. 97 of 1979. Crime No. 99 of 1979 was referred as false and a report to that effect was filed. After trial accused 1, 2 and 4 to 7 were convicted for murder, rioting and other cognate offences. Criminal Appeal No. 305 of 1980 was filed before this Court against the conviction and sentence of the above accused. The State filed Criminal Appeal No. 430 of 1980 against the acquittal of accused 3, 8 and 9.

The appeals came up for hearing before a Division Bench. In the course of arguments a contention was raised to the effect that a serious irregularity has been committed by the invest