1. This appeal and referred trial arise out of S.C. 26 of 1957 on the file of the Sessions Judge, Palghat.

2. There were seven, accused persons at the trail. Of these, one, namely the 4th accused, has been acquitted. Of the remaining six accused, accused 1, 3 and 6 have been convicted under S.3.02 read with S.34 I. P. C.; accused 2 and 5 have been convicted under S.302 read with S.149 I.P.C., and all have been convicted under S.147 I.P.C Accused 1, 2, 5, 6 and 7 have each been sentenced to rigorous imprisonment for two years for the offence of rioting and the 1st accused has been sentenced to death and accused 2,5 and 6 to rigorous imprisonment for life for the offence of murder. (We might here remark that the liability of accused 2 and 5 on the charge of murder being under S.149 I. P. C. no separate sentence ought to have been awarded to them for the offence under S.147 I. P. C.). The 3rd accused being below the age of 16 has not been awarded any sentence but has been dealt with under S.27 (1) of the Madras Children's Act, IV of 1920.

3. The prosecution case is briefly as follows: Accused 1 and 2 who are divided brothers are rich and influential landlords of the village