1. These appeals and the reference arise out of Sessions Case No. 27 of 1957 on the file of the Additional Sessions Judge of Quilon sitting at Alleppy. There were originally five accused persons in the case. Of these, one, namely, the 2nd accused, died pending the trial, while another, namely, the 5th accused, has been acquitted. Of the remaining three, the 1st accused has been convicted under S.302 I. P. C. and sentenced to death and it is for the confirmation of this sentence that the reference has been made. He has also been convicted under S.449 I. P. C. and sentenced to three years' rigorous imprisonment for that offence The 3rd accused has been convicted under S.324 I. P. C. and sentenced to two years' rigorous imprisonment; and the 4th accused has been convicted under S.302 read with S.34 and under S.449 and 324 I. P C. and sentenced to concurrent terms of rigorous imprisonment for life, for three years, and for two years respectively. These three accused have filed separate appeals against their convictions and sentences.

2. We do not propose to enter into the merits of the case since we are satisfied that the charges framed against the accused are so defective a