1. These two appeals are presented on behalf of the State by the Public Prosecutor from an order of acquittal made by the learned Sessions Judge of Quilon in S.C. No. 11 of 1124. There were two accused in the case. They are Choni Yohannan and Choni Chacko who are brothers. They were charged with the offence of murder under Ss. 301 and 104 of the Travancore Penal Code. The learned Sessions Judge has found the accused not guilty and has acquitted them and it is from this judgment of acquittal that the present appeals are preferred at the instance of the State in respect of each of the accused persons acquitted by the Court below.

2. In the course of arguments a question was raised as to the power of this court to interfere in an appeal from an order of acquittal as in the present case. The learned Public Prosecutor invited the attention of the court to the views expressed in the case reported in 1949 T.L.R. 191, which according to him are inconsistent with the provisions of law, and therefore deserve to be overruled. On going through this decision, we find that the observations made by the learned judge who wrote the judgment in that case which are intended to limit the po