T.C. Raghavan, J.

1. The appeal is by the State against the two accused persons in Sessions Case No. 61 of 1969 on the file of the Court of the Second Additional Sessions Judge of Trivandrum, in which the first respondent was acquitted of the charge of murder but convicted under S.304 part II of the Penal Code and sentenced to rigorous imprisonment for three years and the second respondent was completely acquitted.

2. The two respondents are father and son respectively; and the deceased (Henry Nadar) was the brother of the first respondent, and Pw. 2, who sustained injuries at the same incident, was the adopted son of Henry Nadar. The mother of the first respondent and Henry Nadar had a coconut garden, which was claimed to be in the management of Henry Nadar, with whom the mother was living. On 16th May 1969, the respondents entered this garden and plucked coconuts without the permission of the mother; and on the day of occurrence, 20th May, in the evening when the respondents met Henry Nadar in front of the tea shop of Pw. 4. Henry Nadar questioned the respondents why they entered the garden and plucked coconuts without the mother's permission. Some altercation ensued, durin