The judgment emphasized the importance of reliable and legal evidence in establishing guilt, highlighted the unreliability of witness testimonies, and criticized the handling of the confession by the police.

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 fruit and shared it with Pw. 4 and the children of the first accused. The wife of the first accused did not allow her children to eat the fruit which led to a quarrel between accused 1' s mother and wife. The first accused also refused to share the jack fruit when it was offered to him by his mother on his return. Towards the evening the deceased went to the Cherode Bazaar to purchase samans. On that day there was the marriage of Pw. 7 and about six or seven persons including Pars. 1, 2,4 ani 7 when returning at about 10 P. M. from the marriage house, heard the deceased groaning and asking for water. He was found with only an underwear stained with blood, on the foot¬path-near the house of Pw. 1. Pw. 2 then sent Pw. 4 to Pw. 9 to tell him about what they saw. The father on arrival found Alavi dead in the foot-path. He returned home and being tired laid himself down to rest. The Village Munsiff was contacted by the two accused and accused 1 gave Ext. P-6 First Information Statement. Next morning the police preceded by the Village Munsiff reached the place and started investigation which was eventually completed by the Circle Inspector who laid the charge on 18-4-1961 against the two accused. The second accused is a Harijan cooly, in the service of A-1. On Thursday, preceding the date of the incident he quarrelled with Alavi. Alavi tried to beat him and he threatened Alavi with a chopper.

3. The factum of death of Alavi, the younger brother of accused 1 is amply proved and is not disputed. The death is stated by Pw. 11 who conducted the autopsy to be due to the penetrating injuries to the heart and lungs. In Ext. P-2 the post-mortem certificate, fifteen ante-mortem injuries are noted. Of these nine are incised injuries and injuries Nos. 9 to 13 have penetrated the heart and both the lungs. They are necessarily fatal and death could have occurred within two or three minutes after sustaining them.

4. The accused raised a plea of total denial and stressed that the death of Alavi might have been caused by some of his numerous enemies in the locality, his divorced wife's people, being the more prominent among them.

5. The prosecution relies on the testimony of Pw. 1, the solitary eye-witness, the dying declaration made by Alavi to Pws.1 and 2, the recovery of M.O.1 dagger as per information given by accused 2 and the evidence of motive based on Ext. P-1 petition enquired by the police to prove their case.

6. If Pw.1 is an "entirely reliable parson" his evidence would have clinched the issue, but he is not. He swears that while he was returning after the marriage in the company of Pw. 7 the bride-groom, Pws. 2, 3 and 4 and others at about 10 P.M. he heard a groaning sound from the northern side of the foot-pith and found Alavi sitting there with only a blood-stain