1. This Criminal Appeal arises out of the judgment and order of the learned Additional Sessions Judge of Kottayam in Sessions Case No. 87 of 1957 on the file of the Kottayam Sessions Court. There were two accused persons in the case. Accused 1 stands convicted under S.304(2) and under S.323, I.P.C. He has been sentenced to undergo rigorous imprisonment for 4 years for the first mentioned offence and like imprisonment for 6 months for the other. The two sentences are however to run concurrently. Accused 2, who stood charged with abetment of the offence under S.304(2) alleged to have been committed by accused 1 has been acquitted of that charge, but he has been convicted on a further charge under S.323, I.P.C. for which also he was tried. For that offence he has been sentenced to undergo rigorous imprisonment for 6 months. Accused 1 and accused 2 have preferred this joint appeal against their convictions and sentences.

2. On the date of the occurrence forming the subject of the case, that is, 29-1-1957, accused 1 and accused 2 were both head-constables of police attached to the Kottayam East Police Station. At about 3 p. m. on that date accused 1 found one Antony Devassia