1. In connection with the murder of one Sankunni Kurup, Velayudhan, Sankaran, Arumughan and Mundan were tried by the Court of Session, Manjeri Division, for offences punishable under various sections of the IPC. The respondent herein, the 4th accused in the case, had to face a charge under S.449 and 302 IPC. On the conclusion of the trial all the accused were acquitted.

2. The State has now come up in appeal challenging only the order of acquittal of the 4th accused.

3. The accused persons are all Harijans and are mazdoors by profession. The occurrence was on June 6, 1978, sometime between 6 and 6 30p. m. from near an illicit arrack-cum-toddy shop and from inside the house of one Vettan, husband of Cheruneeli (Pw. 11) Devaki (Pw. 8) and her husband Velayudhan were conducting an illicit arrack-cum-toddy shop in a small shed situated very close to their house. While Parameswaran Nair (Pw. 1) was engaged in collecting paddy seedlings from a seed bed nearby on the southern side of the house of Velayudhan alias Appunni, Kumaran Nair (Pw. 2) came there and was standing near Pw 1. On hearing a wordy altercation from the house of Velayudhan, both pws. 1 and 2 went there, when the