1. These Appeals by the accused and the reference for confirmation by the Sessions Judge arise out of the judgment condemning the first appellant to death and the second to life imprisonment, for murdering the first accused's brother Alavi on 1-4-1961 at about 10.30 P. M.

2. The first accused Mohammed, and his younger brother, the deceased Alavi, the two sons of Pw. 9 Aydru were living together with their parents and sister and her children including Pw. 4. Pw. 9, the father was an agriculturist assisted by Alavi and not helped by the first accused who had a trade of his own in cashewnuts. Disliked by the parents, brother and sister, the accused soon became a 'terror' in the house, beating the sister and brother and demanding the management of all the properties for himself and his children. The aged father Pw. 9 approached mediators in vain and finally sent a petition (Ext. P-1) to the Sub-Collector, Malappuram against the first accused and his wife on 22-2-1961 to take steps to bind them over for keeping the peace and the police enquired into the matter and warned the first accused. On the date Of incident, i. e. 1-4-1961 at about 4 P. M. the deceased plucked a jack fr