1. The Criminal Appeal and the Referred Trial arise out of the judgment of the learned Sessions Judge of Trivandrum in Sessions Case No. 12 of 1958 on the file of his court. Of the three persons who were tried before the learned judge in that case, two of them, accused 1 and accused 2, stood individually charged for committing murder and for causing disappearance of evidence of murder by secretly burying the dead body, offences punishable respectively under S.302 and 201, Penal Code. Alternatively they were charged with the commission of these offences read with S.34, Penal Code. Accused 3 stood charged with abetment of murder and alternatively he was sought to be made liable for murder constructively under S.34. There was also a charge against him under S.201 and a further alternative charge under that section read with S.34. Accused 3 was found not guilty of any of the charges arraigned against him and he was accordingly acquitted. The learned judge however found accused 1 and accused 2 guilty both of murder and of causing disappearance of evidence thereof. While passing no separate sentence for the offence under S.201, with respect to murder, the learned judge senten