1. These appeals arise from the conviction and sentence passed in S. C. 81 of 1972 on the file of the Sessions Judge, Trivandrum. The accused Chellappan Viswambharan was charged under S.302 IPC. with the murder of one Babu alias Sreedharan by stabbing him with a knife at 7-30 P.M. on 4 81972.On an analysis of the evidence and circumstances of the case, learned judge was persuaded to the view that the act was committed by the accused under grave and sudden provocation and accordingly he has convicted the accused of culpable homicide not amounting to murder, and sentenced him to Rigorous Imprisonment for seven years under S.304 Part II, IPC. Dissatisfied with this, the State has filed Crl. Appeal 260 of 1973, pressing for a conviction under S.302. Crl. Appeal 109 of 1973 is by the accused against the conviction and sentence passed on him.

2. The occurrence took place, as already stated, at 7-30 P. M. on 4-8-1972 on the public road in front of pw. 7's shop. Deceased Babu and the accused were moving on inimical terms for some time before the occurrence. One Gangan was involved in a criminal case, and he was released on bail from the court through Babu's help. Gangan being th