1. This appeal is by the two accused persons in S. C.12 of 1965 on the file of the Sessions Judge, Palghat. The first accused is convicted under S.304 Part I and 323 I. P. C. and sentenced to a concurrent term of rigorous imprisonment for ten years and three months respectively and the second under S.323 and 3411. P. C. and sentenced to a concurrent term of three months and one month.

2. It is alleged that on 14121964 at about 10.30 A. M. the first accused caused the death of Hydru by stabbing him with a knife and caused hurt to pw. 7 Abdu also by stabbing and the second accused wrongfully restrained Moideen Hajee pw.1 and caused hurt to him by beating him with a chappal.

3. The accused, the deceased Hydru and pws.1 and 7 all belong to the same village of Vallapuzha. The first accused is the younger brother of the second accused; pw. 7 is the elder brother of pw.1 and the deceased Hydru is the grandson of the uncle of pws.1 and 7. pw. 12 is the brother-in-law of Hydru and the nephew of pws.1 and 7 and the son-in-law of pw. 1.

4. pw.1 Moideen Hajee had a pair of bulls which were with his brother pw. 7 who was asked to have them sold. On the morning of 14121964 when pw.1 wen